Shoplifting Charges in Florida: Retail Theft, Civil Demand Letters, and What Happens After a Store Stops You

Shoplifting in Florida is charged as theft under Section 812.014, Florida Statutes, and a store theft with a value under $750 is usually petit theft, a misdemeanor. A first petit theft is typically a second-degree misdemeanor (up to 60 days in jail and a $500 fine) if the property is worth less than $100, and a first-degree misdemeanor (up to one year and a $1,000 fine) from $100 to $749. Three things can turn a shoplifting case into something far more serious: a prior theft conviction, which makes even a small new theft a harsher charge; a total value of $750 or more; and Florida’s retail theft provisions in Section 812.015, which since October 2024 can treat repeated store thefts within a 120-day window, or thefts carried out with others, as a felony. Separately from any criminal case, the store can send a civil demand letter asking for money, and that letter has its own rules. A shoplifting arrest is not a conviction, and the way the first case is handled often decides whether the record stays small.

How Florida charges shoplifting

Florida does not have a separate “shoplifting” crime for most cases. A person accused of taking merchandise is charged with theft under § 812.014, which covers knowingly obtaining or using someone else’s property with the intent to deprive the owner of it, temporarily or permanently. Section 812.015 adds retail theft rules on top of that: how stores may detain a suspect, how repeated or organized retail theft is aggregated, and the felony tiers that follow. The general grading ladder, including grand theft, is in Grand Theft Charges in Florida. This article covers the part of that ladder most people actually meet: a store, a security guard, and a police report.

What the State must prove is the same as in any theft case, and each element can be contested in a store setting:

• Taking or concealing merchandise. Video, receipts and employee testimony are the usual evidence. A person who forgot an item in a cart, bag or pocket, or who was still shopping inside the store, may not have formed the required intent.
• Intent to deprive. Intent is the heart of most shoplifting defenses. Self-checkout scanning errors, mislabeled prices, and items passed without being scanned can look like theft on video without being theft.
• Value. The market value of the merchandise at the time and place of the offense sets the grade of the charge, and a store’s retail sticker price is the State’s starting point, not the end of the argument.

How the charge is graded

The table below shows how the most common store-theft situations are graded. It is a general guide drawn from the statutes, not a prediction. Real cases turn on the charging document, the prior record, and the evidence.

Situation	Likely charge	Maximum penalty (statutory)
One theft, merchandise under $100, no theft priors	Petit theft, second-degree misdemeanor	60 days in jail, $500 fine
One theft, $100 to $749, no theft priors	Petit theft, first-degree misdemeanor	1 year in jail, $1,000 fine
Petit theft with one prior theft conviction	First-degree misdemeanor	1 year in jail, $1,000 fine
Petit theft with two or more prior theft convictions	Third-degree felony	5 years prison, $5,000 fine
One theft of $750 or more	Grand theft, third-degree felony	5 years prison, $5,000 fine
Repeated retail thefts within 120 days, or thefts coordinated with others, meeting the statute’s thresholds	Retail theft, third-degree felony (higher tiers exist)	5 years prison, $5,000 fine for the third-degree tier

Maximums come from § 775.082 and § 775.083. They are ceilings. A first-time accusation involving a modest amount is rarely resolved at the ceiling, but no outcome is ever guaranteed.

A few details that the table cannot show:

• Priors are counted by conviction, not by arrest. A prior theft case that ended in a dismissal, a not-guilty verdict, or a completed diversion program is a different situation from a prior conviction. This is one reason the outcome of the first case matters so much later. The difference between a conviction and a withhold of adjudication is explained in Withhold of Adjudication in Florida.
• Stacking older theft convictions can make the next one a felony. Someone with two earlier convictions for something as small as a $12 item can face a felony for a new petit theft.
• Retail theft aggregation looks across incidents. In 2024 the Legislature changed the retail theft provisions so that incidents are aggregated within a 120-day period (previously 30 days), and the number of qualifying thefts in that window was lowered. See the Florida Senate’s 2024 summary of the theft bill. Whether separate store visits really add up to one felony count depends on the exact statutory language and the State’s proof, and it is a place where counsel looks closely.

What happens in the store

Many shoplifting cases begin with a stop by loss prevention staff rather than police. Florida law allows a merchant or merchant’s employee who has probable cause to believe retail theft occurred to detain a person in a reasonable manner and for a reasonable time, and § 812.015 protects a merchant who does so from certain civil claims. Police are usually called to take the report.

What you say and sign in that room matters:

• You are not required to give a written statement or sign an admission. Store employees are not police, but anything you say can be repeated by them in court.
• You may be asked to sign a trespass warning. A trespass warning bars you from the store (and sometimes the whole chain) going forward. It is not a plea and it is not a criminal conviction, but entering after you have signed one can lead to a separate trespass charge.
• An officer may issue a notice to appear instead of arresting you. For many misdemeanor thefts the paperwork is a promise to appear on a set date. Missing that date creates new problems, including a warrant; see Active Arrest Warrants in Florida.
• If you are arrested, the first appearance and bond process works as it does for any charge, covered in How the Bail Bond Process Works in Florida.

The civil demand letter: a separate track from the criminal case

Weeks after a stop, many people receive a letter from a law firm or a recovery company on behalf of the store, demanding several hundred dollars for the merchandise that was allegedly taken. This is a civil matter, separate from the criminal case, and it is built on Florida’s civil theft statute, Section 772.11.

Under that statute, a person who proves by clear and convincing evidence that they were injured by a theft can bring a claim for threefold the actual damages, with a $200 minimum, plus reasonable attorney fees and court costs. Before suing, the claimant must send a written demand, and a recipient who pays within 30 days receives a written release from further civil liability for that act. These letters are common, and many are sent in a standardized way.

	Criminal case	Civil demand letter	Trespass warning
Who brings it	The State Attorney	The store or its agent	The store
What is at stake	Jail, probation, fines, a record	Money (often more than the merchandise’s value)	Being barred from the property
Standard of proof	Beyond a reasonable doubt	Clear and convincing evidence for civil theft	None; it is the owner’s decision
Does paying end it?	No	Paying within 30 days gets a release from civil liability only	No
Can it affect the other?	Statements made in one can be used in the other	Payment is not a criminal plea, but statements in correspondence can be used	Violating it creates a new charge

Two points matter most here. First, paying a civil demand does not end the criminal case, and the State Attorney decides whether to file or dismiss regardless of what the store wants. Second, a reply to a demand letter, written without advice, can include statements about what happened. If a criminal case is pending or possible, talk to a defense attorney before responding, paying, or explaining anything in writing.

How shoplifting cases are resolved

A first-time shoplifting accusation does not always end in a conviction. Depending on the facts, the prior record, and the prosecutor, cases can end in dismissal, diversion, a reduced charge, a plea, or trial. The ways Florida cases get dropped are covered in How to Get Criminal Charges Dropped in Florida.

• Pretrial diversion or intervention. Eligible first offenders may be offered a program under § 948.08 or a local misdemeanor diversion program; successful completion ends in dismissal. Eligibility and conditions vary by county and by the prosecutor’s office.
• Defense on the elements. Missing intent, disputed identity on video, an item that was never concealed or removed from the store, and value disputes are all grounds for challenging or reducing the charge.
• Sealing and expunction. Whether a shoplifting record can be sealed or expunged depends on how the case ended, and a conviction generally cannot be. This is why the outcome of the first case matters beyond the case itself. See If Charges Are Dismissed, Do You Have a Criminal Record?.

A theft charge also carries consequences beyond a sentence. Employers, licensing boards and background checks treat theft as a crime of dishonesty, and for a noncitizen even a petty theft conviction can raise immigration questions. Theft offenses are commonly analyzed as crimes involving moral turpitude, discussed in Crimes Involving Moral Turpitude: Which Florida Charges Threaten Your Green Card or Visa and Criminal Charges and Immigration Status in Florida. If you are not a U.S. citizen, speak to an attorney before resolving any theft case.

What this means for your case

A shoplifting charge in Florida is usually a misdemeanor, but it sits on a ladder that can rise quickly with prior theft convictions, a higher value, repeated incidents, or involvement with others. The first case is the one to take seriously, because how it ends decides whether the next one is a misdemeanor or a felony, and whether the record can ever be cleared. Treat the criminal case, any civil demand letter, and any trespass notice as three separate problems, and do not explain, sign, or pay anything before understanding what it commits you to. If you were stopped, cited or arrested for shoplifting, or you received a letter from a store or its lawyer, the best time to speak with a defense attorney is before your first court date. MK Law’s criminal defense attorneys represent clients in Broward County theft cases. Contact us or call 954.865.6032.

Frequently asked questions

Is shoplifting a felony in Florida?

Usually not for a first offense. Shoplifting under $750 is generally petit theft, a misdemeanor. It becomes a felony when the value is $750 or more, when the person has prior theft convictions, or when the retail theft statute’s thresholds for repeated or coordinated thefts are met. Which rule applies depends on the facts and the exact charge filed.

What is the penalty for a first shoplifting offense in Florida?

The statutory maximum for a first petit theft is 60 days in jail and a $500 fine if the value is under $100, and one year in jail and a $1,000 fine from $100 to $749. Actual outcomes for first-time accusations vary widely and may include diversion or dismissal. No outcome can be promised in advance.

Can I be charged if I did not leave the store with the item?

Florida law focuses on the intent to deprive the store of its property, and concealment and attempts can be charged. But whether the State can prove intent when the item never left the store is a real issue, and it is a common point of defense. The facts, including video, matter a great deal.

Do I have to pay the store’s civil demand letter?

There is no automatic obligation to pay on receipt of a letter, and paying does not end the criminal case. A civil theft claim under § 772.11 has its own requirements and deadlines, including a written demand and a 30-day window for a release. If a criminal case is pending or possible, speak with a defense attorney before replying, because what you write can be used.

Can a shoplifting charge be sealed or expunged?

Sometimes. Florida law allows sealing or expunction in limited situations, and a case that ended in a dismissal or a completed diversion program is in a different position from one that ended in a conviction. Eligibility is set by statute and by the Florida Department of Law Enforcement process, so a case-specific review is needed.

Can a shoplifting conviction affect immigration status?

It can. Theft offenses are often treated as crimes involving moral turpitude, and the sentence length and the number of convictions can matter. Because the analysis is highly fact-specific, a noncitizen should get advice before entering any plea.