Florida Statutes Section 812.015(1)(d) defines retail theft or shoplifting as taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing label, universal product code, or price tag; transferring merchandise from one container to another, or removing shopping cart with intent to deprive the merchant of possession, use, benefit, or full retail value. Retail theft can be classified as a first degree misdemeanor if the value if the product is under $300.00 or as a felony if the value is above $300.00. The following are classifications of retail theft based on the value of merchandise and penalties.




Under $100.00

Petit Theft- Second Degree Misdemeanor

Up to 60 days in jail

Up to $500.00 Fine


Petit Theft- First Degree Misdemeanor

Up to 12 months in jail

Up to $1,000.00 Fine

$300 or $20,000.00

Grand Theft-Third Degree Felony

Up to 5 years in prison

Up to $5,000.00 Fine


Grand Theft- Second Degree Felony

Up to 15 years in prison

Up to $10,000.00 Fine

$100,000.00 or above

Grand Theft-First Degree

Up to 30 years in prison

Up to $10,000.00 Fine

Having two prior convictions of Petit Theft will enhance the charge to Felony Petit, which is a third degree felony. There is also a six-month driver’s license suspension for the first conviction of a Petit Theft and one year for each subsequent conviction. In addition, merchants have the right to detain a shoplifter until the police arrive.

If you are accused of a Petit Theft in relation to shoplifting, you need to contact Stewart Law Firm today for your free consultation.

Florida Trend's Legal Elite 2012 Avvo Rating 8.8 Excellent - Feature Attorney, DUI & DWI