Florida Embezzlement Laws: Grand Theft, Forgery and Penalties

Florida has no crime called embezzlement. Fla. Stat. 812.012(3)(d) counts "conduct previously known as ... embezzlement" as a way of committing theft, so taking or misusing money a person was trusted with is charged as theft under Fla. Stat. 812.014, generally a felony (grand theft of the third degree) when the property is worth $750 or more. Forgery (Fla. Stat. 831.01) and uttering a forged instrument (831.02) are separate third-degree felonies with no dollar threshold, and a financial institution-affiliated party who embezzles the institution's money with intent to deceive or defraud it commits a third-degree felony under 655.0322(3)(b). For other states, see our guide to embezzlement and forgery laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida's theft statute as it applies to embezzlement (Fla. Stat. 812.012 and 812.014), the banking-chapter offenses (655.0322), theft from persons 65 or older (812.0145), exploitation of an elderly person or disabled adult (825.103), the public-officer offenses in chapter 839 and the official misconduct statute (838.022), public pension forfeiture (112.3173), the forgery and counterfeiting sections in chapter 831, worthless checks (832.05), the related limitation and civil theft rules, and the sentencing ranges in 775.082 and 775.083. It does not cover the full theft value table (see Florida theft laws), identity theft, scams and victim reporting (see Florida scam and fraud laws), federal offenses, or local ordinances.

What is embezzlement in Florida?

In Florida, embezzlement is a form of theft. The theft statute, Fla. Stat. 812.014(1), says a person commits theft by knowingly obtaining or using another's property with intent to deprive the owner of it or to appropriate it to his or her own use or the use of anyone not entitled to it:

"A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property." (Fla. Stat. 812.014(1))

The definition of "obtains or uses" in Section 812.012(3) is what brings embezzlement in. It includes "making any unauthorized use, disposition, or transfer of property," and, in paragraph (d), "conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception," along with "other conduct similar in nature."

"Property" is broad. Under 812.012(4) it means "anything of value," including real property, tangible or intangible personal property (rights, privileges, interests and claims), and services.

That is why a Florida charge for an employee, bookkeeper, agent or trustee who diverts money is usually titled "grand theft" or "petit theft," not embezzlement. The word also appears in the banking chapter (655.0322), the elderly-exploitation statute (825.103) and the public-officer statutes (839.13 and 112.3173), covered below.

How is embezzlement different from theft in Florida?

For charging purposes, there is no difference. Florida's definitions treat embezzlement, misapplication, misappropriation and conversion as the same offense as taking property outright, and they reach both "taking or exercising control over property" and "making any unauthorized use, disposition, or transfer of property" (812.012(3)(a)-(b)). A person who lawfully held the money at first, then diverted it, falls within the same section as a person who took it without permission.

The intent element is the same for both: the person must act knowingly and with intent, "either temporarily or permanently," to deprive the owner or to appropriate the property (812.014(1)).

Is embezzlement a felony in Florida?

It depends mainly on the value. Because embezzlement is theft, the 812.014 grades apply:

• $750 or more, but under $20,000: grand theft of the third degree, a third-degree felony. Section 812.014(2)(c) covers property valued at $750 to under $5,000, $5,000 to under $10,000, and $10,000 to under $20,000, all in the third degree.
• $20,000 or more, but under $100,000: grand theft of the second degree, a second-degree felony (812.014(2)(b)1.).
• $100,000 or more: grand theft of the first degree, a first-degree felony (812.014(2)(a)1.).
• $100 or more, but under $750: except as provided in 812.014(2)(d), petit theft of the first degree, a first-degree misdemeanor (812.014(2)(f)).
• Other property not specified in subsection (2): petit theft of the second degree, a second-degree misdemeanor (812.014(3)(a)).

Repeated small takings can add up. Under 812.012(10)(c), "amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or from several persons, may be aggregated in determining the grade of the offense." For a check, draft or promissory note without a readily ascertainable market value, the value is "the amount due or collectible" (812.012(10)(a)2.).

Two rules can make a theft a felony regardless of where it would otherwise fall:

• Prior theft convictions. Under 812.014(3)(c), "a person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree." With one prior theft conviction, petit theft is a first-degree misdemeanor (812.014(3)(b)).
• Coordinating a theft scheme. Under 812.014(6), a person who "individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing theft" where the stolen property is worth more than $3,000 commits a second-degree felony.

Theft from a victim 65 or older is graded on a lower dollar scale, and exploitation of an elderly person or disabled adult is a felony at any amount. Both are covered in the section on older and vulnerable victims below.

Subsection (2) of 812.014 also lists other categories of property and circumstances. The full value and property table is on our Florida theft laws page.

Florida felony and misdemeanor sentences

Florida's general sentencing sections set the maximums for each class:

• First-degree felony: "a term of imprisonment not exceeding 30 years" or, when a statute specifically provides, up to life (775.082(3)(b)1.), and a fine up to $10,000 (775.083(1)(b)).
• Second-degree felony: "a term of imprisonment not exceeding 15 years" (775.082(3)(d)) and a fine up to $10,000 (775.083(1)(b)).
• Third-degree felony: "a term of imprisonment not exceeding 5 years" (775.082(3)(e)) and a fine up to $5,000 (775.083(1)(c)).
• First-degree misdemeanor: up to 1 year (775.082(4)(a)) and a fine up to $1,000 (775.083(1)(d)).
• Second-degree misdemeanor: up to 60 days (775.082(4)(b)) and a fine up to $500 (775.083(1)(e)).

In place of any of these fine caps, Section 775.083(1)(f) allows "any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim."

Embezzlement from a bank or other financial institution

The banking code has its own embezzlement offense. Fla. Stat. 655.0322(3)(b) provides that a financial institution-affiliated party may not:

"Embezzle, abstract, or misapply any money, property, or thing of value of such financial institution, affiliate, subsidiary, or service corporation with intent to deceive or defraud the financial institution, affiliate, subsidiary, or service corporation"

A violation is a third-degree felony, "punishable as provided in s. 775.082, s. 775.083, or s. 775.084." Unlike theft under 812.014, this offense has no dollar threshold, but it does require the intent to deceive or defraud the institution.

The same subsection bars an affiliated party from making a false entry in the institution's books, reports or statements with intent to deceive or defraud (655.0322(3)(d)), also a third-degree felony. Section 655.0322(6) reaches anyone, not only insiders: a person who knowingly executes, or attempts to execute, "a scheme or artifice to defraud a financial institution," or to obtain money or property in its custody or control "by means of false or fraudulent pretenses, representations, or promises," commits a second-degree felony.

Public officials and public money

Florida's theft chapter has no separate offense for embezzling public funds. A public employee who takes public money faces the same 812.014 theft grades as anyone else, because the statute reaches "the property of another" and property means "anything of value."

A separate public-corruption offense covers falsified records. Under Fla. Stat. 838.022(1), it is unlawful for a public servant or public contractor "to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another" by, among other listed means, "(a) Falsifying, or causing another person to falsify, any official record or official document." A violation is a third-degree felony (838.022(3)). That section turns on falsifying official records or the other means it lists, not on taking money.

Chapter 839, on offenses by public officers and employees, adds three rules:

• Court-ordered sale money (839.17). A commissioner or general or special magistrate who receives the purchase money or securities from a sale authorized by law and fails to deliver them to the person entitled to them on the court's order, unless unable to for a cause not of his or her own default or neglect, commits a second-degree felony and "shall be fined in a sum equal to the amount received from the purchaser."
• Public records (839.13(1)). A public officer, employee, agent or contractor of a public agency, or any other person, who "shall steal, embezzle, alter, corruptly withdraw, falsify or avoid" a public record, court paper or similar document commits a first-degree misdemeanor; subsection (2) makes some falsified care-and-custody records felonies.
• Restitution and community service (839.27). Anyone convicted of a chapter 839 offense must perform 250 hours of community service and must pay restitution if, after a hearing, the judge finds the victim suffered an actual financial loss.

A conviction can also cost a public pension. Fla. Stat. 112.3173 lists "an embezzlement of public funds" and "any theft by a public officer or employee from his or her employer" among the specified offenses for which a public officer or employee convicted of such an offense committed before retirement forfeits all rights and benefits under a public retirement system, except the return of his or her accumulated contributions.

The limitation period for officials also runs longer, as explained in the time-limits section below.

Older and vulnerable victims

Two statutes treat money taken from older or disabled people more severely than ordinary theft.

Theft from a person 65 or older (812.0145). When the offender knows or has reason to believe the victim is 65 or older, the theft is reclassified: a third-degree felony from $300, a second-degree felony from $10,000, and a first-degree felony from $50,000 (812.0145(2)). A person convicted of theft of more than $1,000 from such a victim must also pay restitution and perform up to 500 hours of community service (812.0145(1)).

Exploitation of an elderly person or disabled adult (825.103). Exploitation includes knowingly obtaining or using the person's funds, assets or property, with intent to deprive the person of them or to benefit someone else, by someone who "stands in a position of trust and confidence" or has a business relationship with that person (825.103(1)(a)). It also includes a breach of fiduciary duty by the person's guardian, individual trustee or agent under a power of attorney "which results in an unauthorized appropriation, sale, transfer of property, kickback, or receipt of an improper benefit" (825.103(1)(c)); for agents, that covers "wasting, embezzling, or intentionally mismanaging the assets of the principal or beneficiary."

Under 825.103(3), exploitation is a third-degree felony when the amount is under $10,000, a second-degree felony from $10,000 to under $50,000, and a first-degree felony at $50,000 or more.

What is forgery in Florida?

Forgery in Florida is falsely making, altering, forging or counterfeiting one of a long list of documents, with intent to injure or defraud. Fla. Stat. 831.01 covers:

"a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order, acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or promissory note for the payment of money, or any receipt for money, goods or other property, or any passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to injure or defraud any person"

Forgery under 831.01 is a third-degree felony. The section has not changed since 1973 (ch. 73-334), and the forgery grade does not depend on the dollar amount involved.

Uttering a forged instrument

Using a forged document is a separate crime from making it. Under 831.02, whoever "utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person" commits a third-degree felony.

Forging a document and uttering it are separate offenses in separate sections, and each is a third-degree felony.

Forged checks, bank bills and notes

Section 831.01 does not list checks by name, so Florida has check-specific sections:

• Forging a check (831.07). Whoever "falsely makes, alters, forges, or counterfeits a bank bill, check, draft, or promissory note payable to the bearer thereof, or to the order of any person," issued by a bank in Florida, elsewhere in the United States or abroad, "with intent to injure any person," commits a third-degree felony.
• Uttering a forged check (831.09). Whoever "utters or passes or tenders in payment as true" a forged or altered note, bank bill, check, draft or promissory note, "knowing the same to be false, altered, forged, or counterfeit, with intent to injure or defraud any person," commits a third-degree felony.
• Possessing 10 or more forged items (831.08). Having "10 or more similar false, altered, forged, or counterfeit" notes, bank bills, checks or drafts, knowing they are false and intending "to utter and pass the same as true, and thereby to injure or defraud any person," is a third-degree felony.
• Bringing in or possessing a forged check (831.11). Whoever "brings into this state or has in his or her possession" a forged or counterfeit bank bill, check, draft or note, knowing it is forged and with intent to utter and pass it as true, commits a third-degree felony. This section has no 10-item threshold.

Other chapter 831 sections reach related conduct: making or possessing plates, tools or paper adapted and designed for forging bank bills or notes, with intent to use them, is a third-degree felony (831.18); fraudulently altering an instrument made admissible under 92.28 (831.04) and fraudulently joining parts of genuine instruments (831.12) are each forgery; and a person previously convicted under 831.09 who is again convicted on three distinct charges committed within a 6-month period is deemed "a common utterer of counterfeit bills" and punished as provided in 775.084 (831.10).

Fictitious signatures and counterfeit payment instruments

Two more sections in chapter 831 reach common check schemes:

• Fictitious officer signatures (831.06). A "fictitious or pretended signature, purporting to be the signature of an officer or agent of a corporation," fraudulently affixed to a note, draft or evidence of debt of that corporation with intent to pass it as true "shall be deemed a forgery, though no such person may ever have been an officer or agent of such corporation, or ever have existed."
• Counterfeit payment instruments (831.28(2)). It is unlawful "to counterfeit a payment instrument with the intent to defraud a financial institution, account holder, or any other person or organization," or to possess a counterfeit payment instrument with intent to defraud. A violation is a third-degree felony. Printing a payment instrument in another's name, or with another's routing or account number, without permission "is prima facie evidence of intent to defraud" (831.28(2)(b)).

If you are dealing with a forged or washed check as the victim, our guide to mail theft and check washing covers reporting and bank steps.

Is signing someone else's name on a check a crime in Florida?

Florida's check-forgery section does not define "forges" or say when a signature is authorized. What it does say is that falsely making, altering, forging or counterfeiting a check "with intent to injure any person" is a third-degree felony (831.07), and passing one "knowing the same to be false, altered, forged, or counterfeit, with intent to injure or defraud any person" is a separate third-degree felony (831.09). The intent element is part of both offenses.

Worthless checks

Writing a bad check is a different offense from forgery. Under Fla. Stat. 832.05(2)(b), a violation of the worthless-check subsection is a first-degree misdemeanor "unless the check, draft, debit card order, or other written order drawn, made, uttered, issued, or delivered is in the amount of $150, or its equivalent, or more and the payee or a subsequent holder thereof receives something of value therefor." In that case, it is a third-degree felony.

Separately, under 832.05(3), it is a third-degree felony for any person, "by act or common scheme, to cash or deposit any item" in a bank or depository with intent to defraud, with no dollar threshold.

Florida embezzlement and forgery offenses at a glance

The prison maximums come from Fla. Stat. 775.082 and the fines from 775.083(1), which also allows a fine of up to double the offender's gain or the victim's loss instead of the listed cap. Section 831.06 does not appear as its own row because it deems a fictitious corporate-officer signature to be a forgery rather than creating a separate penalty. For the full class table, see our page on Florida felony and misdemeanor classes.

How long does Florida have to charge embezzlement?

Florida's limitation period is four years for a first-degree felony, such as grand theft of $100,000 or more, and three years for other felonies. Section 775.15(2)(a) provides that a prosecution for a first-degree felony "must be commenced within 4 years after it is committed," and 775.15(2)(b) that "a prosecution for any other felony must be commenced within 3 years after it is committed."

Two extensions in 775.15(12) are especially relevant to embezzlement:

• Fraud or breach of fiduciary obligation. If the period has run, a prosecution may still be brought for "any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party," or by someone with a legal duty to represent that party who is not involved in the offense. This extension can never add more than 3 years to the normal period (775.15(12)(a)).
• Misconduct in office. An offense "based upon misconduct in office by a public officer or employee" may be prosecuted within 2 years after the person leaves public office or employment (775.15(12)(b)).

Our Florida statute of limitations page has the periods for other offenses.

Civil theft: treble damages for the victim

Florida also gives victims a civil claim. Under Fla. Stat. 772.11(1), a person who proves by clear and convincing evidence that he or she was injured by a violation of 812.012 to 812.037, or of Section 825.103(1), "has a cause of action for threefold the actual damages sustained" and is entitled to minimum damages of $200, plus reasonable attorney's fees and court costs.

Before filing, the claimant must send a written demand for $200 or the treble damage amount. Because embezzlement is theft under 812.014, the statute reaches losses from embezzlement. For financial abuse of older adults more generally, see our guide to elder fraud.

Recent changes

Florida's core embezzlement and forgery rules are old. The theft definitions in 812.012 were created by chapter 77-342 and last amended by chapter 2001-115. Forgery under 831.01 has not been amended since chapter 73-334, and uttering under 831.02 since chapter 71-136.

The theft statute itself, 812.014, was last amended in 2023 and 2024 (ch. 2023-87, ch. 2024-69 and ch. 2024-137), and the sentencing section 775.082 by ch. 2026-149. The value lines and sentence maximums on this page are taken from the 2026 Florida Statutes.

Federal law

Federal law also reaches embezzlement from banks and federal programs and wire or mail fraud schemes; the embezzlement and forgery laws hub covers those statutes.

Related pages

• Embezzlement and forgery laws by state
• Florida theft laws
• Florida felony and misdemeanor classes
• Florida scam and fraud laws
• Florida statute of limitations

This article is general legal information about Florida criminal statutes, not legal advice. For a specific situation, contact a lawyer licensed in Florida.

Last updated: 2026-10-17.

Frequently Asked Questions

Is embezzlement a crime in Florida?

Yes, but it is charged as theft. Fla. Stat. 812.012(3)(d) counts conduct previously known as embezzlement as theft under 812.014, so the charge is usually grand theft or petit theft.

Is embezzlement a felony in Florida?

Generally yes when the property is worth $750 or more, which is grand theft of the third degree under 812.014(2)(c). Lower amounts are usually petit theft, a misdemeanor, but petit theft is a third-degree felony for someone with two or more prior theft convictions. Theft from a victim the offender knows or has reason to believe is 65 or older is a felony from $300 (812.0145), and exploitation of an elderly person or disabled adult under 825.103 is a felony at any amount.

What is the penalty for grand theft in Florida?

Third-degree grand theft ($750 to under $20,000) is punishable by up to 5 years and a $5,000 fine; second-degree grand theft ($20,000 to under $100,000) by up to 15 years and a $10,000 fine; first-degree grand theft ($100,000 or more) by up to 30 years and a $10,000 fine. Section 775.083(1)(f) allows a fine of up to double the gain or loss instead.

Is embezzling from a bank a separate crime in Florida?

Yes. Under 655.0322(3)(b), a financial institution-affiliated party who embezzles, abstracts or misapplies the institution's money or property with intent to deceive or defraud it commits a third-degree felony, at any amount.

Is forgery a felony in Florida?

Yes. Forgery under 831.01 and uttering a forged instrument under 831.02 are third-degree felonies, punishable by up to 5 years and a $5,000 fine. Both require intent to injure or defraud, and neither depends on the dollar amount.

What is uttering a forged instrument in Florida?

Under 831.02, it is passing a forged or altered document listed in 831.01 as true, knowing it is false, with intent to injure or defraud. It is a third-degree felony separate from forgery itself.

Is forging a check a felony in Florida?

Yes. Forging a check with intent to injure is a third-degree felony under 831.07, and knowingly passing a forged check with intent to injure or defraud is a separate third-degree felony under 831.09.

How long does Florida have to charge embezzlement?

Section 775.15(2) sets 4 years for first-degree felonies and 3 years for other felonies. Where fraud or breach of fiduciary obligation is an element, 775.15(12)(a) allows 1 year after the victim discovers the offense, adding no more than 3 years to the normal period.

Can an embezzlement victim sue in Florida?

Yes. The civil theft statute, 772.11, allows a person who proves a theft violation by clear and convincing evidence to recover three times the actual damages, at least $200, plus attorney's fees, after a written pre-suit demand.