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The 2013 Florida Statutes

Title XLVI
CRIMES
Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES
View Entire Chapter
F.S. 812.014 Florida Statute Attorney - Jacksonville, FL
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 is a semitrailer that was deployed by a law enforcement officer; 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;
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; or
4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003,

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(9) or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any law enforcement officer as defined in s. 943.10 in the officer’s official business. However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

(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 (a).
7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class or other grazing animal; a bee colony of a registered beekeeper; and 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.
13. Any amount of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for theft of a controlled substance under this subparagraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.

However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than $20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

(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.
(6) A person who individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing theft under this section where the stolen property has a value in excess of $3,000 commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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; s. 1, ch. 2006-51; s. 2, ch. 2007-115; s. 1, ch. 2007-177; s. 206, ch. 2007-230; s. 22, ch. 2011-141; s. 62, ch. 2011-206.

Statutes updated from Official Statutes on: August 13, 2013

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Statutes updated from Official Statutes on: August 13, 2013
Arrestable Offenses / Crimes under Fla. Stat. 812.014
Level: Degree
Misdemeanor/Felony: First/Second/Third

812.014 2a1 - LARC - GRAND 1ST DEGREE 100K DOLS MORE OR LEO SEMI - F: F
812.014 2a2 - LARC-FROM SHIPMENT - CARGO IN STRM OF COMM 50K DOLS OR MORE - F: F
812.014 2a3a - LARC - COMMITS GRAND THEFT USE VEH DAMAGE PROPERTY - F: F
812.014 2a3b - LARC - COMMIT GRAND THEFT DAMAGE OVER 1000 DOLS - F: F
812.014 2b1 - LARC - 20K DOLS LESS THAN 100K DOLS - F: S
812.014 2b1 - LARC - 20K DOLS LESS 100K DOLS STATE OF EMERGENCY - F: F
812.014 2b2 - LARC-FROM SHIPMENT - CARGO IN STRM OF COMM LESS THAN 50K DOLS - F: S
812.014 2b2 - LARC - CARGO COMMERCE LESS 50K DOLS STATE EMERGENCY - F: F
812.014 2b3 - LARC - EMERGENCY MED EQUIP 300 DOLS MORE - F: S
812.014 2b3 - LARC - EMERGENCY MED EQUIP 300 DOLS STATE EMERGENCY - F: F
812.014 2b4 - LARC - LEO EQUIPMENT FROM EMERGENCY VEH 300 DOLS MORE - F: S
812.014 2b4 - LARC - LEO EQUIP EMERGENCY VEH STATE OF EMERGENCY - F: F
812.014 2c1 - LARC - GRAND THEFT 300 LESS THAN 5K DOLS - F: T
812.014 2c2 - LARC - GRAND THEFT 5K LESS THAN 10K DOLS - F: T
812.014 2c2 - LARC - 5K DOLS LESS 10K DOLS STATE OF EMERGENCY - F: S
812.014 2c3 - LARC - GRAND THEFT 10K LESS THAN 20K DOLS - F: T
812.014 2c3 - LARC - 10K DOLS LESS 20K DOLS STATE OF EMERGENCY - F: S
812.014 2c4 - LARC - GRAND THEFT OF TESTAMENTARY INSTRUMENT - F: T
812.014 2c5 - LARC - GRAND THEFT OF FIREARM - F: T
812.014 2c6 - VEH THEFT - GRAND THEFT OF MOTOR VEHICLE - F: T
812.014 2c7 - LARC - GRAND THEFT COMMERCIAL FARM ANIMAL BEE COLONY - F: T
812.014 2c8 - LARC - GRAND THEFT OF FIRE EXTINGUISHER - F: T
812.014 2c9 - LARC - GRAND THEFT OF 2K OR MORE PIECES OF CITRUS - F: T
812.014 2c10 - LARC - GRAND THEFT FROM POSTED CONSTRUCTION SITE - F: T
812.014 2c11 - LARC - GRAND THEFT OF ANY STOP SIGN - F: T
812.014 2c12 - LARC - GRAND THEFT OF ANHYDROUS AMMONIA - F: T
812.014 2c13 - LARC - GRAND THEFT OF CONTROLLED SUBSTANCE - F: T
812.014 2d - LARC - GRAND THEFT OF DWELLING 100 LESS 300 DOLS - F: T
812.014 2e - LARC - PETIT THEFT 1ST DEGREE 100 LESS 300 DOLS - M: F
812.014 3a - LARC - PETIT THEFT 2ND DEGREE 1ST OFFENSE - M: S
812.014 3b - LARC - PETIT THEFT 2ND DEGREE 2ND OFFENSE - M: F
812.014 3c - LARC - PETIT THEFT 2ND DEGREE 3RD SUBSQ OFFENSE - F: T
812.014 5a - LARC - MOTOR VEH DRIVE OFF WO PAY FOR GAS - M: S
812.014 6 - LARC - COORDINATE OTHERS IN THEFT OVER 3K DOLS - F: S


Civil Citations / Citable Offenses under S812.014
R or S next to points is Mandatory Revocation or Suspension

S812.014 THEFT: - Points on Drivers License:
S812.014 ( 2)(a) Theft - Motor Vehicle PARTS ($100,000 or more) [See 322.274] - Points on Drivers License: 0 R
S812.014 (2)(b) Theft - Motor Vehicle Parts ($20,000 - $100,000) [See 322.274] - Points on Drivers License: 0 R
S812.014 (2)(c)1 Theft - Motor Vehicle Parts ($300.00 - $5,000.00) [See 322.274] - Points on Drivers License: 0 R
S812.014 (2)(c)2 Theft - Motor Vehicle Parts ($5,000.00 - $10,000.00) [See 322.274] - Points on Drivers License: 0 R
S812.014 (2)(c)3 Theft - Motor Vehicle Parts ($10,000.00 - $20,000.00) [See 322.274] - Points on Drivers License: 0 R
S812.014 (2)(c)6 THEFT OF A MOTOR VEHICLE [See 322.274] - Points on Drivers License: 0 R
S812.014 (2)(e) Petit theft - Property valued at $100 - $299 [See 812.0155] - Points on Drivers License: 0 S/R
S812.014 (2)(e) Petit theft - Property valued at $100 - $299 (If court does not direct to suspend) - Points on Drivers License: 0
S812.014 (3)(a) Petit theft - Theft of property not specified in subsection (2) [See 812.0155] - Points on Drivers License: 0 S/R
S812.014 (3)(a) Petit theft - Theft of property not specified in subsection (2) (If court does not direct to suspend) - Points on Drivers License: 0
S812.014 (3)(b) Petit theft with previous conviction [See 812.0155] - Points on Drivers License: 0 S/R
S812.014 (3)(b) Petit theft with previous conviction (If court does not direct to suspend) - Points on Drivers License: 0
S812.014 (3)(c) Petit theft with previous conviction - felony - Points on Drivers License: 0 S/R
S812.014 (5)(a) Petit Theft of gas from retail establishment [See 812.014(5)(b)] Notes 25 & 26 - Points on Drivers License: 0 S


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