F.S. 812.014 Florida Statutes and Case Law

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

View Entire Chapter

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. If 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. If 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. If 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 during a riot or an aggravated riot prohibited under s. 870.01 and the perpetration of the theft is facilitated by conditions arising from the riot; or 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 riot” means civil unrest, power outages, curfews, or a reduction in the presence of or response time for first responders or homeland security personnel and 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. A person arrested for committing a theft during a riot or an aggravated riot or within a county that is subject to a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. 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 $750 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, avian, 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 a commercially farmed animal, including an animal of the equine, avian, bovine, or swine class or other grazing animal; a bee colony of a registered beekeeper; or an aquaculture species raised at a certified aquaculture facility, a $10,000 fine shall be imposed.

8. Any fire extinguisher that, at the time of the taking, was installed in any building for the purpose of fire prevention and control. This subparagraph does not apply to a fire extinguisher taken from the inventory at a point-of-sale business.

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 during a riot or an aggravated riot prohibited under s. 870.01 and the perpetration of the theft is facilitated by conditions arising from the riot; or 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 terms “conditions arising from a riot” and “conditions arising from the emergency” have the same meanings as provided in paragraph (b). A person arrested for committing a theft during a riot or an aggravated riot or within a county that is subject to a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. 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 $750, 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 $750, 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. A judgment of guilty or not guilty of a petit theft must be in:

a. A written record that is signed by the judge and recorded by the clerk of the circuit court; or

b. An electronic record that contains the judge’s electronic signature as defined in s. 933.40 and is recorded by the clerk of the circuit court.

2. A judge shall cause the fingerprints of a defendant who is found guilty of petit theft to be manually taken or electronically captured. Such fingerprints must be certified and filed in the case in which the judgment of guilty is entered as provided in s. 921.241(3).

3. A written or an electronic judgment of guilty of a petit theft, or a certified copy thereof, is admissible in evidence in the courts of this state as provided in s. 921.241(4).

(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 license. The court shall forward the driver license to the Department of Highway Safety and Motor Vehicles in accordance with s. 322.25.

1. The first suspension of a driver license under this subsection shall be for a period of up to 6 months.

2. The second or subsequent suspension of a driver 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.

(7) The Office of Program Policy Analysis and Government Accountability (OPPAGA) shall perform a study every 5 years to determine the appropriateness of the threshold amounts included in this section. The study’s scope must include, but need not be limited to, the crime trends related to theft offenses, the theft threshold amounts of other states in effect at the time of the study, the fiscal impact of any modifications to this state’s threshold amounts, and the effect on economic factors, such as inflation. The study must include options for amending the threshold amounts if the study finds that such amounts are inconsistent with current trends. In conducting the study, OPPAGA shall consult with the Office of Economic and Demographic Research in addition to other interested entities. OPPAGA shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by September 1 of every 5th 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; 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; s. 41, ch. 2016-105; s. 29, ch. 2016-145; s. 1, ch. 2018-49; s. 5, ch. 2019-98; s. 36, ch. 2019-167; s. 13, ch. 2021-6; s. 9, ch. 2021-230; s. 63, ch. 2022-4.

Statutes updated from Official Statutes on: March 07, 2023

F.S. 812.014 on Google Scholar

F.S. 812.014 on Casetext

Amendments to 812.014

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

Annotations, Discussions, Cases:

United Tech. Corp. v. Mazer
556 F.3d 1260 (11th Cir. 2009) Cited 772 times
Motion for summary judgment
Motion to dismiss
4 more...
First, to state a claim for civil theft under Florida law, UTC must allege an injury resulting from a violation by West-Hem of the criminal theft statute, Fla. Stat. § 812.014. To do this, UTC must allege that West-Hem (1) knowingly (2) obtained or used, or endeavored to obtain or use, UTC's property with (3) "felonious intent" (4) either temporarily or permanently to (a) deprive UTC of its right to or a benefit from the property or (b) appropriate the property to West-Hem's own use or to the use of any person not entitled to the property. Fla. Stat. §§ 772.11 (providing civil remedy for theft or exploitation), 812.014(1) (criminal theft statute); see Almeida v. Amazon.com, Inc., 456 F.3d 1316, 1326-27 (11th Cir. 2006); Gersh v. Cofman, 769 So.2d 407, 409 (Fla. 4th DCA 2000) ("In order to establish an action for civil theft, the claimant must prove the statutory elements of theft, as well as criminal intent.").
PAGE 1270
Grappin v. State
450 So. 2d 480 (Fla. 1984) Cited 52 times
Motion to dismiss
The charges were made under the same subsection of section 812.014(2)(b) and all the firearms were taken during the same episode. State v. Getz, 435 So.2d 789 (Fla. 1983), involved charges based on two different subsections of section 812.014(2).
PAGE 483
Jaggernauth v. U.S. Attorney General
432 F.3d 1346 (11th Cir. 2005) Cited 90 times 1 Legal Analyses
The plain language of § 812.014( 1) does not explicitly state whether the requirement of an intent to deprive another of the rights and benefits of property, under subpart (a) of § 812.014( 1), and the intent to appropriate property for one's own use, under subpart (b) of § 812.014( 1), are to be read conjunctively or disjunctively. Florida courts, however, have consistently interpreted the section in the disjunctive, to articulate two distinct levels of intent. For example, in T.L.M. v. State, 755 So.2d 749, 751 (Fla.Dist.Ct.App. 2000), the court stated that "Section 812.014 requires a finding of specific criminal intent to either (a) `deprive' the other person of a right to the property or a benefit therefrom or (b) `appropriate' the property to his own use or to the use of any person not entitled thereto." Id. at 751 (emphasis added). See also Canady v. State, 813 So.2d 161, 161 (Fla.Dist.Ct.App. 2002) ("The evidence was insufficient to prove [the defendant's] criminal intent to deprive another person of property, or to appropriate the property, as required under section 812.014" ) (emphasis added); Allen v. State, 690 So.2d 1332…

PAGE 1354
State v. Allen
362 So. 2d 10 (Fla. 1978) Cited 121 times
Section 812.014(1) provides:
State v. Lewis
364 So. 2d 1223 (Fla. 1978) Cited 51 times
In this cause the state appeals from an order of the trial court dismissing the information against appellee on the ground that Section 812.014, Florida Statutes (1977), is unconstitutional. The trial judge ruled the statute invalid on the grounds that subsections (1)(b) and (2)(b) are "so indefinite and overbroad that inherently innocent conduct is prohibited, in violation of due process of law," and that they violate the right to acquire, possess, and protect property, and the right to contract. An additional ground raised by appellee in his motion to dismiss but never expressly ruled upon by the trial judge is that Section 812.014 permits selective prosecution.
State v. Sykes
434 So. 2d 325 (Fla. 1983) Cited 43 times
§ 812.014(1), (2)(b), Fla. Stat. (1977).
Starr Tyme, Inc. v. Cohen
659 So. 2d 1064 (Fla. 1995) Cited 48 times
2 more...
For our purposes, section 812.014 defines petit theft as the theft of property valued at less than $300. Starr Tyme, therefore, was entitled to use section 772.14 to establish actual damages of $299.99 in its civil theft claim. However, Starr Tyme had the burden of proving actual damages in a greater amount by clear and convincing evidence and Cohen could defend against a greater claim. § 772.11 (civil theft claim must be proven by clear and convincing evidence).
PAGE 1069
Jackson v. State
736 So. 2d 77 (Fla. Dist. Ct. App. 1999) Cited 19 times
Jackson points out that as to the state of mind element of both felonies, the evidence was circumstantial. To prove grand theft under section 812.014(1)(c)6, the state must prove that the defendant knowingly obtained or used the property of another with the intent to either temporarily or permanently deprive the other person of a right to the property or a benefit from the property or to appropriate the property to his own use or the use of another person not entitled to its use. See §§ 812.014(1)(a) (b), 812.014(2)(c), Fla. Stat. (1997). Section 319.33(1)(d), Florida Statutes (1997), makes it unlawful to "possess . . . a motor vehicle . . . on which the motor number or vehicle identification number has been, destroyed, removed, covered, altered, or defaced, with knowledge of such destruction, removal, covering, alteration, or defacement." (Italics supplied). Jackson asserts that because the circumstantial evidence of his guilty knowledge was not inconsistent with a reasonable hypothesis of innocence, his felony convictions should be reversed.
PAGE 80
Ridley v. State
702 So. 2d 559 (Fla. Dist. Ct. App. 1997) Cited 12 times
Prior to 1992, section 812.014(1)(d), Florida Statutes (1991), provided that sentencing for felony petit theft was governed by sections 775.082 (general criminal penalties), 775.083 (criminal fines), or 775.084 (habitual offenders), Florida Statutes (1991). Effective October 1, 1992, however, the statute was amended by chapter 92-79, § 1, Laws of Florida, and reference to the habitual offender statute, section 775.084, was deleted. See § 812.014(1)(d), Fla. Stat. (Supp. 1992), now renumbered as § 812.014(3)(c) (1995), the statute which is the subject of this appeal.
Allen v. State
463 So. 2d 351 (Fla. Dist. Ct. App. 1985) Cited 28 times
Motion for summary judgment
Motion to dismiss
1 more...
In State v. Harris, supra, the Supreme Court held that section 812.021(3), Florida Statutes (1977), the predecessor to section 812.014(2)(c), creates the substantive offense of felony petit theft, and that proof of the existence of two prior petit theft convictions is an essential element of the offense. As a logical extension of Harris, this court held that in order to properly charge the substantive offense of felony petit theft the state must specifically allege, in the charging portion of the information, the two prior petit theft convictions upon which it relies. Once the state has alleged the prior convictions, the question becomes whether a defendant may collaterally attack the underlying validity and reliability of those prior convictions to support a reclassification of petit theft to felony petit theft or whether the mere fact of their existence and presumptive validity is sufficient to support the felony petit theft charge under section 812.014(2)(c).
PAGE 357