Theft Crimes in Florida

What the Charges Actually Are in Bay County

By Rusty Shepard, Former ASA, 14th Judicial Circuit | Shepard Law | June 2025

Florida consolidates most theft offenses under a single statute — § 812.014 — with the charge level determined primarily by the value of the property taken. This is different from states where theft type (shoplifting, embezzlement, identity theft) determines the charge category. In Florida, the dominant question is almost always: what was the value? Understanding how that question is answered determines the charge, the penalty range, and the Criminal Punishment Code score that drives sentencing.

Florida Petit Theft — § 812.014(3)

Petit theft covers the unlawful taking of property valued under $750. The charge level depends on the value:

Property under $100: Second Degree Misdemeanour — up to 60 days county jail, $500 fine
Property $100–$749.99: First Degree Misdemeanour — up to 1 year county jail, $1,000 fine

A prior theft conviction can enhance a Petit Theft to a higher charge level. A second conviction for Petit Theft where the prior was also Petit Theft becomes a First Degree Misdemeanour regardless of the value. A third conviction for any theft, regardless of value, becomes a Third Degree Felony under § 812.014(3)(c).

In Bay County, petit theft charges are common in the Panama City Beach retail and tourism environment — shoplifting from beach shops, restaurants, and entertainment venues during the tourist season. The civil citation programme may be available for true first-time petit theft offenses; whether it applies depends on the circumstances and the arresting agency.

Florida Grand Theft — § 812.014(2)

Grand Theft applies when the value of the property taken meets or exceeds $750. The degree escalates with value:

$750–$19,999: Third Degree Felony — up to 5 years state prison, $5,000 fine
$20,000–$99,999: Second Degree Felony — up to 15 years state prison, $10,000 fine
$100,000 or more: First Degree Felony — up to 30 years state prison, $10,000 fine

Grand Theft also applies regardless of value for specific categories: motor vehicles (Grand Theft auto — Third Degree Felony); firearms (Second Degree Felony, even under $750 value); controlled substances; law enforcement equipment; and cargo taken during transit.

Value is determined by the ‘fair market value’ of the property at the time of the theft — not the retail price, not the insured value, not the victim’s sentimental valuation. In cases where the value is close to a threshold (e.g., $18,000 vs $20,000), the State’s ability to prove value beyond a reasonable doubt is a direct challenge point.

Robbery — § 812.13

Robbery is not a category of theft under the theft statute — it is a separate, violent offense. Under § 812.13, robbery is the taking of property from another person using force, violence, assault, or putting the victim in fear. The degree depends on whether a weapon was used:

Robbery with a weapon: First Degree Felony — up to life in prison
Robbery with a firearm: First Degree Felony Punishable by Life — 10-20-Life mandatory minimums apply if firearm is used, discharged, or causes serious injury
Unarmed robbery: Second Degree Felony — up to 15 years

In Bay County, robbery charges frequently arise from vehicle break-ins gone wrong when confronted, or strong-arm robbery incidents in the beach and entertainment areas during high tourist season.

Identity Theft and Fraud — Florida Statute § 817.568

Florida’s identity theft statute (§ 817.568) applies to the fraudulent use of another person’s personal identification information. The charge level depends on the number of individuals whose information was used and the value of any benefit obtained. Multiple victims create multiple counts, each chargeable separately. Florida also has specific fraud statutes covering check fraud, credit card fraud, and computer fraud. These are separate from the general theft statute and carry their own penalty tables.

How the Criminal Punishment Code Affects Sentencing

For felony theft charges, the actual sentence a defendant faces is calculated using the Florida Criminal Punishment Code scoresheet, not just the statutory maximum. The primary offense — the highest-degree charge — generates a base score, and prior criminal record adds additional points. The total score converts to a minimum permissible sentence in months. In Grand Theft cases with multiple prior convictions, the minimum guideline sentence can exceed what might seem like a reasonable outcome for the charge alone. Understanding the scoresheet before any plea negotiation is essential.

Facing theft charges in Bay County? Call Shepard Law at (850) 290-2505. Former ASA. FACDL Chapter President. 10,000+ cases. Free consultation. Available 24/7.

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