Category: Criminal Offenses · Statute: F.S. 812.015 · Source: Florida Legislature
Understanding Shoplifting (Retail Theft) in Florida
In Florida, retail theft—commonly referred to as shoplifting—is governed by Florida Statute Section 812.015. This offense extends far beyond simply walking out of a store with unpaid merchandise. Under Florida law, retail theft also includes altering price tags, transferring items from one container to another to avoid paying full price, removing shopping carts from a merchant's premises, or bypassing security detection devices. To secure a conviction, the state must prove the accused acted with the specific intent to deprive the merchant of the use, benefit, welfare, or value of the property.
The severity of a retail theft charge depends heavily on the value of the stolen property and the accused's prior record. Theft of property valued under $750 is classified as petit theft, a misdemeanor. However, if the stolen merchandise is valued at $750 or more, the charge escalates to grand theft, which is a felony. Furthermore, Florida law contains a recidivist provision: if an individual has two or more prior convictions for any theft offense, a third or subsequent shoplifting accusation is automatically charged as a third-degree felony, regardless of the monetary value of the merchandise involved.
Bail and Pretrial Release for Florida Retail Theft
For misdemeanor shoplifting charges, defendants are often released on their own recognizance or face low, standardized bond amounts. However, felony retail theft charges—such as those involving high-value merchandise, organized retail theft rings, or prior theft convictions—frequently result in higher bond amounts set during a first appearance hearing. Additionally, Florida judges routinely impose "no-contact" or "no-return" orders as a condition of pretrial release, legally prohibiting the defendant from entering the specific retail establishment where the alleged offense occurred while the case is pending.