Petit theft in Florida means stealing property worth less than $750. A first offense is a misdemeanor, punishable by at most 60 days in jail and a $500 fine when the property was worth less than $100, or 1 year in jail and a $1,000 fine when it was worth $100 or more. Theft from a home follows stricter rules, and after two or more prior theft convictions, petit theft becomes a third-degree felony.
This guide reflects the Florida Statutes as of October 2026. Laws change, so check the current statute or ask a Florida criminal defense attorney or public defender about your case.
What petit theft means in Florida
Florida's theft statute, §812.014, defines theft as knowingly obtaining or using someone else's property, or trying to, with intent to deprive the owner of it or take it for your own use, whether temporarily or permanently. Petit theft is the lower-value level of that crime. Theft of property worth $750 or more is grand theft.
The statute spells it petit theft. Most people say petty theft, and in Florida the two mean the same thing. Our guide to what petty theft is compares other states.
Shoplifting is one example. Florida's retail theft statute, §812.015, defines retail theft to include taking merchandise, changing or removing a price tag or label, moving merchandise into another container, or removing a shopping cart, with intent to deprive the merchant. Shoplifting under $750 is generally graded with the same petit theft tiers shown below.
Arrest and court paperwork may list the charge by statute number, such as F.S. 812.014(3)(a) for second-degree petit theft or F.S. 812.014(2)(f) for first-degree petit theft.
The Florida statute on petit theft: tiers under §812.014
As of 2026, §812.014 sorts petit theft by the value of the property and by your record:
- Second-degree petit theft: property worth less than $100. A second-degree misdemeanor (§812.014(3)(a)).
- First-degree petit theft: property worth $100 or more but less than $750. A first-degree misdemeanor (§812.014(2)(f)).
- Petit theft after one prior theft conviction: a first-degree misdemeanor, even if the property was worth less than $100 (§812.014(3)(b)).
- Petit theft after two or more prior theft convictions: a third-degree felony (§812.014(3)(c)).
- Grand theft: property worth $750 or more, starting as a third-degree felony (§812.014(2)(c)).
Theft from a home is treated more harshly. Taking property worth $40 or more, but less than $750, from a dwelling or the unenclosed yard around it is third-degree grand theft. Taking property worth less than $40 from a dwelling or its yard is first-degree petit theft, and a prior theft conviction makes it a third-degree felony (§812.014(2)(d) and (e)).
What is the punishment for petty theft in Florida?
Florida's general sentencing laws set the maximum penalties. As of 2026:
- Second-degree misdemeanor: up to 60 days in jail and a fine of up to $500.
- First-degree misdemeanor: up to 1 year in jail and a fine of up to $1,000.
- Third-degree felony: up to 5 years in prison and a fine of up to $5,000.
The jail and prison limits come from §775.082 and the fine limits from §775.083. These are the most the law allows. The actual sentence depends on the facts, your record, and the court.
Two retail rules add to this. A second or later conviction for petit theft from a merchant carries a fine of $50 to $1,000, which the court can replace with public service hours (§812.015(2)). And a court must order a person convicted under the retail theft statute to pay restitution for merchandise that was stolen or damaged (§812.015(12)).
When is petit theft a felony in Florida?
Felony petit theft is the common name for the rule in §812.014(3)(c). Petit theft by someone with two or more prior convictions for any theft is a third-degree felony, with up to 5 years in prison and a $5,000 fine as of 2026. Ask your attorney how your earlier cases count, since that can depend on how each one ended.
Some shoplifting cases are felonies for other reasons. As of 2026, §812.015 makes retail theft a third-degree felony in situations such as these:
- Thefts within a 120-day period that add up to $750 or more, when the person coordinated with others or stole from more than one location
- Three or more retail thefts within 120 days involving 10 or more items, with at least two at different stores
- Acting with five or more other people to overwhelm store staff or police
Possessing or using a device designed to defeat anti-shoplifting tags or alarms inside a store is a separate third-degree felony (§812.015(7)). For how other states handle this question, see is shoplifting a felony.
Can petit theft affect your driver's license?
As of 2026, Florida's theft statutes connect license penalties to two situations:
- Gas station drive-offs. Driving away without paying for gas is petit theft, and a conviction must include a license suspension: up to 6 months for a first suspension and 1 year for a later one (§812.014(5)).
- People under 18. For a young person with no prior record, §812.0155 lets a court revoke, suspend, or withhold a license for 6 months to 1 year as an alternative to other sentences, such as probation.
If you read that any petit theft conviction leads to a license suspension, check the date. The current version of §812.0155 applies only to people under 18.
Petit theft in Florida for first-time offenders: diversion and PTI
If this is your first arrest, ask a criminal defense attorney or public defender about diversion early. Diversion is up to the prosecutor, and the rules differ from one judicial circuit to another, so nothing is automatic.
Pretrial intervention (PTI). Under §948.08, a first offender, or a person with no more than one prior nonviolent misdemeanor conviction, who is charged with a misdemeanor or third-degree felony is eligible for pretrial intervention with the approval of the program administrator and the consent of the victim, the state attorney, and the judge. You must agree to it after consulting your attorney and waive your right to a speedy trial while in the program. At the end, the administrator recommends dismissal, more supervision, or a return to prosecution, and the state attorney makes the final decision.
State Attorney diversion programs. State Attorney's Offices can also run their own diversion programs, with their own rules. Two examples, as listed on the offices' websites in October 2026:
- Ninth Circuit (Orange and Osceola counties): the Adult Civil Citation Program's petit theft page lists a program fee, a speedy trial waiver, a theft course, and 30 community service hours, among other requirements. The office says it will not file charges if you complete the program, and the case goes to prosecution if you don't.
- Second Circuit (Leon, Franklin, Gadsden, Jefferson, Liberty, and Wakulla counties): the Misdemeanor Diversion Program lists a $250 payment and 15 hours of community service, completed within 90 days, after which the charges are dismissed.
Each office sets its own eligibility rules and decides who gets an offer.
Ask about your record, too. Florida has separate procedures to seal (§943.059) or expunge (§943.0585) some criminal history records, with strict eligibility rules. A dismissal, a withheld adjudication, and a conviction are treated differently under them.
Juveniles: prearrest delinquency citation programs
For children and teens, Florida requires a prearrest delinquency citation program for misdemeanors in every judicial circuit (§985.12). Older civil citation programs can continue under it if the state attorney approved them.
Each circuit decides which misdemeanors qualify and who is eligible. Requirements can include community service, restitution, classes, and services based on a needs assessment. If a young person does not complete the program, the officer decides whether to arrest for the original offense and refer the case to the state attorney. Our guide to teen shoplifting has more for parents.
Civil demand letters are a separate matter
After a shoplifting arrest, you may also get a letter demanding money from the store or its lawyers. Florida's civil theft statute, §772.11, requires anyone suing under it to first send a written demand for $200 or three times the actual damages. If you pay within 30 days, you must be given a written release from further civil liability for that act.
That release covers civil liability only. The criminal case is brought by the state, so paying the store does not end it. Talk to your attorney before you pay or respond. Our guide to shoplifting civil demand letters explains how these letters work.
When a theft class is part of the outcome
A theft or shoplifting class can be one requirement of a diversion program, a plea agreement, or probation. The Ninth Circuit program above, for example, lists a theft course.
If your court, prosecutor, probation officer, or diversion program requires a theft or shoplifting class, our self-paced online Theft Awareness Class covers the consequences of theft, the thinking and triggers behind it, and practical skills for better choices. Options run from a 4-hour class to 16 hours, including an 8-hour class. Before enrollment, confirm the specific course and required hours with your probation officer, attorney, or assigning authority. See our Florida theft class page for more.
Next steps after a Florida petit theft charge
- Keep your paperwork. Note your court date, the statute and subsection charged, and any deadlines.
- Talk to a lawyer early. A criminal defense attorney or public defender can tell you whether PTI or a State Attorney diversion program could apply.
- Get advice on any civil demand. Ask your attorney before you pay, call, or sign anything a store or law firm sends.
- Confirm any class requirement. Check the course and hours before you enroll. Our court-ordered class page explains proof of completion.