Category: White Collar Crime · Statute: F.S. 812.014 · Source: Florida Legislature
Understanding Embezzlement (Florida) in Florida
In Florida, the term "embezzlement" is not defined under its own separate criminal statute. Instead, the state consolidated embezzlement into its general theft statute under Florida Statutes Section 812.014. What distinguishes embezzlement from standard theft is the element of trust and lawful possession. In a typical embezzlement scenario, the accused did not sneak in and steal property; rather, they were legally entrusted with the funds or assets by an employer, client, or business partner, and subsequently converted those assets for their own unauthorized use. This frequently occurs in corporate environments, fiduciary relationships, or fiduciary-adjacent roles, such as an accountant diverting company funds or an employee pocketing cash register receipts.
Because Florida prosecutes embezzlement under the theft statute, the severity of the criminal charges depends entirely on the monetary value of the misappropriated property. Misappropriating assets valued under $750 is prosecuted as petit theft, a misdemeanor. Once the value reaches $750 or more, the offense escalates to grand theft, a felony. As a white-collar crime, the prosecution often relies heavily on complex financial audits, bank records, and digital forensic evidence to trace the flow of the entrusted funds and establish the intent to deprive the rightful owner of their property.
Bail and Pretrial Release for Embezzlement Charges
When an individual is arrested for embezzlement in Florida, the monetary value of the alleged theft heavily influences the initial bail amount set by the county's uniform bond schedule. For high-value grand theft charges, particularly first-degree felonies involving $100,000 or more, judges often perceive the defendant as a flight risk due to the potential for hidden assets. Consequently, the court may impose a Nebbia requirement on the bond. This condition forces the defendant to prove that the funds used to pay the bail premium and collateral come from legitimate, untainted sources, rather than the proceeds of the alleged embezzlement.