In Florida, shoplifting is prosecuted as retail theft under the general theft statute. Taking property worth less than $100 is a second degree misdemeanor, $100 to under $750 is a first degree misdemeanor and $750 or more is grand theft, a felony. Prior theft convictions can raise a petit theft to a first degree misdemeanor or even a felony. Many first-time cases can be resolved through diversion.
Key takeaways
- Under $100 is a second degree misdemeanor.
- $100 to under $750 is a first degree misdemeanor.
- $750 or more is grand theft, a felony.
- Two prior theft convictions can make petit theft a felony.
- A civil demand letter is separate from the criminal case.
How is shoplifting graded in Florida?
Retail theft is charged under § 812.014, Fla. Stat. and § 812.015, Fla. Stat.. The value of the merchandise sets the level of the charge, and value is usually the retail price at the time. Using a device to defeat anti-theft tags or acting with others can bring more serious charges.
Can a store detain you for shoplifting?
Florida law lets merchants detain a person in a reasonable manner for a reasonable time when they have probable cause to believe a retail theft occurred. Stores often call police and pursue a criminal charge, and they may also send a civil demand letter seeking payment.
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What is a civil demand letter?
A civil demand letter is a separate request from the store or its law firm for money under Florida's civil theft laws. Paying it does not end the criminal case, and not paying it does not create a criminal charge. Talk to a lawyer before responding, because what you write can be used against you.
How are shoplifting cases resolved?
Many first-time petit theft cases qualify for diversion, which can lead to dropped charges and later expunction. Other cases are defended by challenging intent, identification or value. Because theft is considered a crime of dishonesty, avoiding a conviction matters for jobs and professional licenses.
Frequently asked questions
Will I go to jail for shoplifting in Florida?
Jail is possible but uncommon for first-time petit theft. Diversion or probation is more typical.
Do I have to pay a civil demand letter?
It is a civil matter separate from the criminal case. Get legal advice before paying or responding.
Can shoplifting be expunged?
If charges are dropped after diversion, the record may be eligible for expunction.
Is shoplifting a felony in Florida?
It becomes a felony at $750 or more, or after two prior theft convictions.
Related practice areas
Practice areaGrand Theft Defense Attorney
Practice areaFirst-Time Offenders Defense Attorney
Practice areaWhite Collar Crime Defense Attorney
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Florida law referenced: § 812.014, § 812.015, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.