Category: Criminal Offenses · Statute: F.S. 812.015 · Source: Florida Legislature
Understanding Shoplifting (Retail Theft) in Florida
Under Florida Statute Section 812.015, retail theft—commonly referred to as shoplifting—encompasses more than just walking out of a store with unpaid merchandise. In Florida, this offense legally occurs when an individual takes possession of, carries away, or transfers merchandise with the intent to deprive the merchant of its use, benefit, or value. The statute also specifically criminalizes altering price tags, transferring goods from one container to another to pay less, or removing shopping carts from a merchant's premises without authorization.
The severity of a retail theft charge in Florida depends heavily on the value of the stolen property and the defendant's prior criminal history. Theft of property valued under $750 is generally prosecuted as petit theft, a misdemeanor. However, if the stolen merchandise is valued at $750 or more, or if the individual coordinates with others to distract employees, uses an emergency exit to escape, or possesses a "theft-detection shielding device" (like a lined bag), the offense escalates to grand theft, which is a felony under Florida law.
Bail and Pretrial Release for Florida Retail Theft
For misdemeanor retail theft, defendants are often released on their own recognizance (ROR) or under a standard bond schedule. However, if the charge is elevated to felony retail theft—such as grand theft, retail theft with prior convictions, or theft involving a coordinated retail theft ring—the court will set a specific monetary bail amount. Judges frequently impose pretrial release conditions tailored to this offense, such as "stay-away" orders that legally bar the defendant from returning to the specific retail location or chain where the alleged theft occurred.