Shoplifting Laws in Florida

Be sure you've paid for everything in your shopping bags.

In Florida, the crime commonly called shoplifting is legally termed "retail theft." It is defined in Florida Statues as taking "merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value." The punishment depends on the value of the items stolen and circumstances of the case, although it's not often that first-time offenders see substantial jail time.

Second-Degree Felony

Someone who shoplifts may face a second-degree felony if the merchandise stolen was worth more than $3,000. A second-degree felony is punishable by up to 15 years in prison.

Third-Degree Felony

Shoplifting is a third-degree felony if property stolen is worth more than $300. A third-degree felony can bring a prison term of up to five years, although a first offense is not likely to result in the maximum sentence.

Misdemeanors

If the value of the stolen item is less than $100, the defendant may face a second-degree misdemeanor, punishable by up to 60 days in jail. If the value is between $100 and $300, the charge is first-degree misdemeanor, punishable by up to a year in jail. A second offense of first-degree misdemeanor retail theft would upgrade the charge to a third-degree felony.

Apprehension

A store employee has the right to apprehend a shoplifting suspect and hold that person for the authorities. Courts consider it reasonable suspicion if a customer leaving the store triggers a door alarm. If the accused shoplifter is later found not guilty, the employee is not liable for false arrest as long as the employee had probable cause to be suspicious. Resisting a merchant or police officer who is apprehending a suspect can result in a misdemeanor charge of resisting arrest.

Victim's Decision

Whether the offender will be prosecuted is initially up to the merchant, who must sign legal paperwork agreeing to press changes in order to take the case to court. In many cases, the merchant will instead take the merchandise back or demand payment, then ban the shopper from returning to the store.

Court

In every judicial circuit in Florida, many offenders charged with misdemeanors have an opportunity to enter into a program called "pre-trial intervention." Either county employees or nonprofit organizations perform the service. Defendants who complete the program can avoid prosecution and the possibility of a jail sentence, as well as avoid having a criminal conviction on their record. The program involves payment of fees, such as a supervision fee and a fee to the prosecutor's office, plus restitution to the victim. The suspect also may need to complete a rehabilitation counseling program. For a defendant not going through pre-trial intervention, there's still a good chance that the sentence won't bring time behind bars. According to Jacksonville attorney Stephen Andrew Mosca on Avvo, if the charge is a first offense, a suspect who pleads guilty will probably have adjudication withheld and be sentenced to pay a fine and placed on probation. After completing probation the person could request that the record be expunged, or sealed from the public.

References

• Florida Statutes: Chapter 812.015, Theft, Robery and Related Crimes
• State Attorney's Office, 13th Judicial Circuit, Hillsborough County: Misdemeanor Intervention Program
• Avvo: Most Likely Sentence for First Time Retail Theft Felony