Grand Theft in Florida: Degrees, Penalties, and Defenses

Grand theft in Florida is a felony charge that begins when stolen property is worth $750 or more, and it climbs through three felony degrees carrying up to 30 years in prison depending on the value taken or the type of property involved. Florida Statute 812.014 sets the value thresholds and also lists specific items, such as firearms and motor vehicles, that qualify as grand theft even when they are worth far less than $750.¹

What the State Has to Prove

To convict you, prosecutors must show two things beyond a reasonable doubt: that you knowingly took or used someone else’s property (or tried to), and that you did it with the intent to deprive the owner of it or to take it for your own benefit.¹ They also have to prove the property hit the $750 threshold or fell into one of the special categories below.

Intent is where most cases are fought. Florida’s definition covers both permanent and temporary deprivation, so borrowing a friend’s car without permission and returning it the next day can still be treated as theft, even though nothing was kept.

The Three Felony Degrees by Value

Third-Degree Grand Theft: $750 to Under $20,000

Property valued at $750 or more but less than $20,000 is a third-degree felony. The statute breaks that range into sub-bands ($750 to $4,999, $5,000 to $9,999, and $10,000 to $19,999) that all carry the third-degree label but score differently at sentencing.¹ Stealing $15,000 worth of property produces a much higher score than stealing $1,000 worth, even though both are third-degree felonies.

Second-Degree Grand Theft: $20,000 to Under $100,000

When the property is worth $20,000 or more but less than $100,000, the charge becomes a second-degree felony.¹ Cargo valued under $50,000 stolen from the stream of commerce also lands here.

First-Degree Grand Theft: $100,000 or More

First-degree grand theft applies when the property is worth $100,000 or more.¹ It also applies regardless of value in two situations: when a motor vehicle is used as an instrument of the theft (not just a getaway car) and damages someone’s property, or when any grand theft causes more than $1,000 in property damage. Cargo theft of $50,000 or more from the stream of commerce is also first-degree.

Property That Is Grand Theft No Matter What It’s Worth

Certain items are treated as grand theft regardless of dollar value. Most are third-degree felonies:

Any firearm, which also carries a higher severity ranking than other third-degree thefts.¹
Any motor vehicle, which also triggers automatic driver’s license revocation.²
Any amount of a controlled substance, whether illegal drugs or prescription medication.
Commercially raised farm animals, including cattle, horses, pigs, poultry, bee colonies, and aquaculture species from certified facilities.
2,000 or more individual pieces of citrus fruit.
Any fire extinguisher installed in a building for fire prevention, or any stop sign.
Wills, codicils, and similar testamentary documents.
Anhydrous ammonia.

Two categories jump straight to a second-degree felony: emergency medical equipment worth $300 or more taken from a licensed hospital or permitted ambulance, and law enforcement equipment worth $300 or more taken from an authorized emergency vehicle.¹

One more low-threshold rule catches many people by surprise: property worth $40 or more taken from a home or its surrounding yard is third-degree grand theft, far below the general $750 line.¹

Maximum Penalties

Every grand theft conviction is a felony. The statutory maximums are:

A judge can also impose probation. Fines can go higher than the numbers above when the crime produced financial gain: Florida law allows a fine equal to double your gain or double the victim’s loss, whichever is greater.

Restitution to the victim is mandatory unless the court finds clear and compelling reasons not to order it, and any decision to reduce or skip it must be stated on the record.⁴ In practice, almost every conviction includes a court order to repay the victim.

How the Sentencing Scoresheet Shapes the Actual Sentence

The statutory maximums are ceilings. What you actually face turns on Florida’s Criminal Punishment Code, which assigns each offense a severity level from 1 to 10. Grand theft spans several:

Level 2: third-degree grand theft, $750 to $4,999
Level 3: third-degree grand theft, $5,000 to $9,999
Level 4: third-degree grand theft $10,000 to $19,999, plus most special-item thefts (motor vehicles, farm animals, construction site thefts)
Level 6: third-degree grand theft of a firearm
Level 7: second-degree grand theft
Level 8: first-degree grand theft

The level combines with prior record, victim injury, and other factors on a scoresheet. Lower-level offenses without a prior record often score below the state prison threshold, leaving room for probation or county jail. Higher levels, or repeat offenders, can generate a minimum prison sentence that the judge cannot go below without written reasons for departure.

Where Petit Theft Ends and Grand Theft Begins

Anything under $750 is petit theft, a misdemeanor.¹ Property under $100 is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine. Property from $100 to $749 is a first-degree misdemeanor punishable by up to a year in jail and a $1,000 fine.³

How Prior Convictions Escalate the Charge

A prior theft record can push a misdemeanor into felony territory. One prior theft conviction of any kind, including petit theft, bumps a new petit theft up to a first-degree misdemeanor regardless of value. Two or more prior theft convictions push a new petit theft to a third-degree felony punishable by up to five years in prison.¹ That’s how someone can face felony prison time for shoplifting a $20 item.

Civil Liability on Top of the Criminal Case

A criminal charge is not the only exposure. Florida’s civil theft statute lets the victim sue for three times their actual damages, with a floor of $200, plus attorney’s fees and costs. The victim must first send a written demand, and if you pay within 30 days you are released from further civil liability for that theft.⁵ The civil suit runs separately from the criminal case and uses a lower burden of proof, so an acquittal in criminal court does not block a civil judgment against you.

Collateral Consequences of a Felony Conviction

The formal sentence is only part of it. If the theft involved a motor vehicle or its parts, your driver’s license is automatically revoked, and the state will not consider reinstatement until the full term of your sentence, including probation or parole, has expired.² Any felony in which a motor vehicle was used to commit the crime also triggers a mandatory license revocation.⁶

A felony conviction also suspends your right to vote. Under Amendment 4 and its implementing statute, voting rights are restored only after you complete every term of your sentence, including prison, probation, parole, restitution, and all fines and fees ordered by the court.⁷ Outstanding restitution keeps voting rights suspended until it is paid or the court modifies the obligation.

A felony theft record also complicates background checks for jobs and housing. Florida has no statewide “ban the box” law for private employers, and theft convictions draw particular scrutiny in roles involving money or access to property.

Common Defenses

Because grand theft requires specific intent, most defenses attack whether you actually meant to steal.

Good-Faith Belief of Ownership

If you honestly believed you had a right to the property, you lacked the criminal intent the state must prove. This comes up often in disputes between business partners, roommates, or family members. The belief does not have to be correct, only honest, and if any evidence supports it, the jury must be instructed on the defense.

Consent

Permission from the owner defeats a theft charge. Things get messier when the permission was limited in time or scope, but genuine consent at the moment of taking is a complete defense.

Lack of Intent

Honest mistakes happen. Walking out of a store with an item you forgot was in your cart, or grabbing a coworker’s laptop that looked like yours, does not meet the intent requirement. Without a knowing taking and intent to deprive, the charge fails.

Valuation Disputes

Because the felony degree hinges on value, challenging the state’s valuation can move a case across a critical threshold. Florida uses fair market value, not replacement cost or sentimental value. Pushing a valuation below $750, $20,000, or $100,000 can drop a first-degree felony to a third-degree, or a felony to a misdemeanor.

1
Justia Law. Florida Code 812.014 – Theft
2
The Florida Legislature. Florida Code 322.274 – Automatic Revocation of Driver License
3
Justia Law. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures
4
Justia Law. Florida Code 775.089 – Restitution
5
Florida Senate. Florida Code 772.11 – Civil Remedy for Theft or Exploitation
6
Florida Senate. Florida Code 322.26 – Mandatory Revocation of License by Department
7
The Florida Legislature. Florida Code 98.0751 – Restoration of Voting Rights