Retail Theft Can Now Be A First Degree Felony: New Florida Law

Photo for illustrative purposes only. Photo by Joshua Rawson-Harris, Unsplash

With major gift-giving holidays like Christmas and Hanukkah rapidly approaching, retail theft and porch pirating might see an uptick in the coming months. House Bill 549, which increases penalties for these crimes and came into effect as a law on October 1, might help deter potential offenders. 

For retail theft, the law amends Florida statute 812.015, which defines retail theft, resisting arrest, and related topics. House Bill 549 reduces the number of repeat retail theft offenses from five to three in an increased period of 30 to 120 days in order for the crime to be a third degree felony. 

Otherwise, retail theft can result in a third degree felony if it is committed by a group of at least five people in at least one business with the intent to overpower a retailer, retailer’s employee, or law enforcement officer while committing the theft or evading detection and detainment. 

As a third degree felony, retail theft is ranked as a level five offense on the offense severity ranking chart. This system classifies crimes on a scale from one to 10, with a level 10 offense being the most severe.

Retail theft becomes a second degree felony if a person uses social media to solicit accomplices. In this case, the theft would be ranked as a level six offense.

If a person has at least two previous convictions for retail theft that are either second or third degree felonies and then commits retail theft again, the crime can be considered a first degree felony. The use of a firearm during an act of retail theft can also qualify the offender to be charged with a first degree felony. In the event that a firearm was used, the theft would be ranked as a level 8 offense.

For porch pirating, or “crimes relating to taking property from a person’s home or porch”, the law amends Florida statute 812.014. House Bill 549 reduces the threshold value for an act of porch pirating to be considered a third degree felony from between $100 and $750 dollars to between $40 and $750. As a third degree felony, this crime is ranked as a level 2 offense.

It is also a third degree felony if the stolen property is worth more than $750. However, the crime is then ranked as a level 4 offense.

Porch pirating can be upgraded to a second degree felony if property is stolen from more than 20 total homes or porches. In this case, the crime would be ranked as a level 5 offense.

If the stolen property is worth less than $40, then it is only a first degree misdemeanor. If a person commits this misdemeanor but has previously been convicted of any form of theft, then he or she may be charged with a third degree felony ranked as a level 2 offense. If a person commits this misdemeanor but has previously been convicted at least twice of any form of theft, then he or she may be charged with a third degree felony ranked as a level 4 offense. 

House Bill 549 was originally prepared by the Criminal Justice Committee, filed on December 20, 2023; and voted through in the Senate and House with votes of 36-3 and 83-27, respectively. It was presented to Governor DeSantis on April 8, 2024, and he approved it on April 9, 2024.

For complete details on this new law, click here to read all 87 pages of House Bill 549. For the official summary of the bill, click here. 

Article by Ema Tibbetts