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Organized Retail Theft in Florida

How Florida law treats organized retail theft: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Yes. Retail theft becomes a third-degree felony (up to 5 years) when the person coordinates others, conspires to resell stolen goods, steals from more than one location, or works with others to distract store staff, and the merchandise taken within a 120-day period totals $750 or more. Fla. Stat. § 812.015(8)-(11); §§ 775.082, 775.083

Organized retail theftYes. Retail theft becomes a third-degree felony (up to 5 years) when the person coordinates others, conspires to resell stolen goods, steals from more than one location, or works with others to distract store staff, and the merchandise taken within a 120-day period totals $750 or more. It is a second-degree felony (up to 15 years) when the total exceeds $3,000, when there are three or more thefts of 20 or more items at two or more stores within 120 days, or with a prior conviction for this offense, and a first-degree felony (up to 30 years) with two or more prior convictions or if the person has a firearm. Thefts in more than one judicial circuit within 120 days may be added together and are prosecuted by the Office of Statewide Prosecution.
Penalties (Fla. Stat. §§ 775.082, 775.083): first-degree felony up to 30 years and $10,000; second-degree felony up to 15 years and $10,000; third-degree felony up to 5 years and $5,000; first-degree misdemeanor up to 1 year and $1,000; second-degree misdemeanor up to 60 days and $500.

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FAQ

What is organized retail theft in Florida?
Yes. Retail theft becomes a third-degree felony (up to 5 years) when the person coordinates others, conspires to resell stolen goods, steals from more than one location, or works with others to distract store staff, and the merchandise taken within a 120-day period totals $750 or more. It is a second-degree felony (up to 15 years) when the total exceeds $3,000, when there are three or more thefts of 20 or more items at two or more stores within 120 days, or with a prior conviction for this offense, and a first-degree felony (up to 30 years) with two or more prior convictions or if the person has a firearm. Thefts in more than one judicial circuit within 120 days may be added together and are prosecuted by the Office of Statewide Prosecution.
Can I get a court-appointed lawyer for organized retail theft in Florida?
Florida's rule on court-appointed lawyers: An applicant for a public defender applies to the clerk of the court for a determination of indigent status and 'shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed,' within 7 days of applying; if unpaid at disposition, the court may assess it as part of the sentence. A person found indigent may not be refused counsel for failure to pay the fee. An applicant is indigent if income is equal to or below 200 percent of the then-current federal poverty guidelines, or if receiving TANF-Cash Assistance, poverty-related veterans' benefits or SSI. The clerk makes the determination; an applicant found not indigent may seek review by the court, which makes the final determination. Fla. Stat. § 27.52
How much does a lawyer for organized retail theft cost in Florida?
Lawyers set their own fees, and Florida has rules on how they may charge. See hiring a criminal defense lawyer in Florida for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for organized retail theft in Florida?
How release before trial works in Florida: 'The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.' The court considers factors including the nature and circumstances of the offense, the weight of the evidence, the defendant's family ties, residence, employment, finances and mental condition, past conduct and prior convictions or failures to appear, danger to the community, the source of bail funds, whether the defendant is already on pretrial release, probation or parole, and danger to victims (§ 903.046(2)). The Florida Supreme Court must adopt a uniform statewide bond schedule for offenses not described in § 903.011(6); local schedules generally may not set lower amounts, and the schedule 'shall not bind a judge in an individual case.' A person meeting § 903.011(6) criteria — including a current charge of a capital, life, first-degree or second-degree felony — may not be released before his or her first appearance hearing or bail determination. Fla. Stat. §§ 903.011, 903.046 What happens after an arrest.
Can a conviction for organized retail theft be removed from my record in Florida?
Each state sets its own rules for sealing or expunging records. See Florida expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.