Theft, Fraud & Property Crimes

What is retail theft and what are the penalties?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A statute covering more than walking out with merchandise — and its aggregation rules were expanded twice recently.

Retail theft under § 812.015 reaches taking or carrying away merchandise, and also altering or removing price tags, switching containers, and removing a shopping cart, where the intent is to deprive the merchant of the full retail value.

That breadth catches conduct people don't think of as theft. Swapping a tag, moving an item into a different box, or under-ringing at self-checkout all fall within it.

The aggregation rules matter most. The Legislature amended the statute in 2022 and again in 2024 to expand the window over which separate retail theft incidents can be grouped together to reach felony thresholds. Multiple small incidents that would each be a misdemeanor can be combined into a felony charge.

Note that there's no misdemeanor retail theft offense in the statute — smaller merchant thefts are charged under the general theft statute instead.

What's contested: intent, which the State infers from conduct; identification, often from imperfect surveillance; and valuation, since retail price and actual value aren't always the same measure.

If they've grouped several incidents together, how they did that is worth examining. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.