Florida
Florida Theft Laws: Felony Threshold, Petit vs. Grand Theft (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 9 primary sources cited on this page. How we verify our legal content
In Florida, theft becomes a felony when the property is valued at $750 or more. Florida Statutes section 812.014(2)(c)1. makes theft of property "valued at $750 or more, but less than $5,000" grand theft of the third degree, a third-degree felony, and below $750 most thefts are petit theft, a misdemeanor. The $750 line does not apply everywhere: theft from a home can be a felony at $40, some property is a felony at any value, and petit theft becomes a felony after two prior theft convictions. For other states, see our guide to theft laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Florida's state theft statutes in Chapter 812 of the Florida Statutes (sections 812.012, 812.014, 812.0145 and 812.015), the penalty limits in sections 775.082 and 775.083, and the civil theft remedy in section 772.11. It does not cover federal theft offenses, county or city ordinances, or identity theft and fraud schemes, which have their own pages linked below.
What counts as theft in Florida
Florida's general theft statute covers stealing, embezzlement and taking property by deception in a single offense. Section 812.014(1) provides:
"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."
Two features of that wording matter. The intent can be to deprive the owner "either temporarily or permanently," and the statute covers someone who only "endeavors" to obtain or use the property.
The words "obtains or uses" pull older crimes into the one offense. Section 812.012(3)(d) defines them to include "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." That is why Florida law uses "theft" rather than "larceny" for all of these.
Florida theft grading table: petit theft vs. grand theft
Florida grades theft mainly by the value of the property. Below $750 the offense is generally petit theft, a misdemeanor; at $750 and above it is grand theft, a felony. The table shows the tiers in section 812.014 and the maximum penalty for each class.
| Value of property | Offense (812.014) | Class | Statutory maximum (775.082, 775.083) |
|---|---|---|---|
| Less than $100 | Petit theft of the second degree (812.014(3)(a)) | Second-degree misdemeanor | Up to 60 days in jail; fine up to $500 |
| $100 or more but less than $750 | Petit theft of the first degree (812.014(2)(f)) | First-degree misdemeanor | Up to 1 year in jail; fine up to $1,000 |
| $750 or more but less than $20,000 | Grand theft of the third degree (812.014(2)(c)1.-3.) | Third-degree felony | Up to 5 years in prison; fine up to $5,000 |
| $20,000 or more but less than $100,000 | Grand theft of the second degree (812.014(2)(b)1.) | Second-degree felony | Up to 15 years in prison; fine up to $10,000 |
| $100,000 or more | Grand theft of the first degree (812.014(2)(a)1.) | First-degree felony | Up to 30 years in prison; fine up to $10,000 |
The prison limits come from section 775.082(3) (felonies), the jail limits from section 775.082(4) (misdemeanors), and the fine limits from section 775.083(1). They are the limits the Legislature set for each class, not a prediction of the sentence in any case.
Two provisions can go higher. Section 775.083(1)(f) also allows a fine of "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," and 775.083(1)(g) allows "any higher amount specifically authorized by statute." The grand theft tiers are also punishable under section 775.084, which permits longer prison terms for a defendant sentenced as a habitual felony offender or another repeat-offender category defined there.
The boundary wording decides the edge cases. The felony tier starts at "$750 or more," so property worth exactly $750 is grand theft of the third degree, and property worth exactly $100 is petit theft of the first degree.
A petit theft conviction for driving off without paying for gasoline dispensed into the vehicle also requires a driver license suspension of up to 6 months for a first suspension and 1 year for a second or later one (812.014(5)).
Section 812.014(2)(c) splits the third-degree felony tier into three bands: "$750 or more, but less than $5,000," "$5,000 or more, but less than $10,000," and "$10,000 or more, but less than $20,000." All three are grand theft of the third degree.
Theft from a home: a felony at $40
Theft from a dwelling has its own, much lower line. Under section 812.014(2)(d)1., theft of property "valued at $40 or more, but less than $750" is grand theft of the third degree when it "is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1)."
Below $40, theft from a dwelling or its unenclosed curtilage is petit theft of the first degree, a first-degree misdemeanor (812.014(2)(e)1.). Under 812.014(2)(e)2., a person who commits that offense and "has previously been convicted of any theft commits a felony of the third degree."
Thefts that are felonies regardless of value
Section 812.014(2)(c) makes the theft of certain property grand theft of the third degree whatever it is worth. The list includes:
- "A will, codicil, or other testamentary instrument";
- "A firearm," with an exception the statute cross-references;
- "A motor vehicle," with an exception the statute cross-references;
- "Any commercially farmed animal," including equine, avian, bovine and swine animals and other grazing animals, a bee colony of a registered beekeeper, and aquaculture species raised at a certified aquaculture facility, for which the statute adds that "a $10,000 fine shall be imposed";
- "Any fire extinguisher that, at the time of the taking, was installed in any building for the purpose of fire prevention and control";
- "Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit";
- property taken "from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(c)";
- "Any stop sign";
- "Anhydrous ammonia"; and
- "Any amount of a controlled substance as defined in s. 893.02."
Some property moves to a higher felony on its own terms. Under section 812.014(2)(b), theft is grand theft of the second degree when the property is cargo valued at less than $50,000 "that has entered the stream of interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock," or when it is emergency medical equipment or law enforcement equipment valued at $300 or more and taken under the circumstances the statute lists. Under section 812.014(2)(a), it is grand theft of the first degree when the property is cargo valued at $50,000 or more, or "is a semitrailer that was deployed by a law enforcement officer."
Other circumstances also raise the grade under section 812.014:
- Any grand theft is grand theft in the first degree if, in committing it, the offender "uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another," or "causes damage to the real or personal property of another in excess of $1,000" (812.014(2)(a)3.).
- Theft of property "taken from more than 20 dwellings" or from the unenclosed curtilage of more than 20 dwellings is grand theft of the second degree (812.014(2)(d)3.).
- Theft of a firearm is grand theft of the second degree when "the offender has previously been convicted of grand theft of a firearm" under 812.014(2)(c)5. (812.014(2)(g)).
- Theft during a riot or aggravated riot, or in a county under a state of emergency declared by the Governor after the declaration is made, where "the perpetration of the theft is facilitated by conditions arising from" the riot or emergency, is a first-degree felony for property in the 812.014(2)(b) categories and a second-degree felony for property valued at $5,000 or more but less than $20,000 (812.014(2)(b), (c)). A person arrested for such a theft "may not be released until the person appears before a committing magistrate at a first appearance hearing."
Repeat petit theft: when a prior record makes it a felony
Prior theft convictions raise the grade of petit theft. Section 812.014(3) provides two steps:
- One prior theft conviction. "A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor of the first degree" (812.014(3)(b)).
- Two or more prior theft convictions. "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" (812.014(3)(c)).
The text of section 812.014(3) sets no time limit on how old a prior conviction can be. The prior offense can be "any theft," not only a petit theft.
Theft from a person 65 or older
Section 812.0145 sets separate grading when the victim is 65 or older. It applies when a person is charged with theft from a person 65 or older and "he or she knows or has reason to believe that the victim was 65 years of age or older." In that case the offense is reclassified by the value of the "funds, assets, or property involved":
- $300 or more, but less than $10,000: a third-degree felony (812.0145(2)(c));
- $10,000 or more, but less than $50,000: a second-degree felony (812.0145(2)(b));
- $50,000 or more: a first-degree felony (812.0145(2)(a)).
That places the felony line for this group at $300 rather than $750. A person "convicted of theft of more than $1,000 from a person 65 years of age or older" must also be ordered to pay restitution and "to perform up to 500 hours of community service work" (812.0145(1)).
How Florida measures value and adds thefts together
Because the grade usually turns on value, section 812.012(10) defines it for sections 812.012 through 812.037. Value is "the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense."
If value cannot be ascertained, section 812.012(10)(b) lets the trier of fact "find the value to be not less than a certain amount," and "if no such minimum value can be ascertained, the value is an amount less than $100." That default places the offense in the lowest petit theft tier.
Separate thefts can be combined. Section 812.012(10)(c) provides:
"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."
Coordinating a theft by others is also graded higher. Under section 812.014(6), a person who "coordinates the activities of one or more persons in committing theft under this section where the stolen property has a value in excess of $3,000 commits a felony of the second degree."
Shoplifting and retail theft in Florida
Florida has a separate retail theft statute, section 812.015. Section 812.015(1)(i) defines "retail theft" as:
"the taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value."
For retail theft, the value of merchandise is "the sale price of the merchandise at the time it was stolen or otherwise removed" (812.015(1)(n)). An ordinary shoplifting case is graded on the same petit theft and grand theft tiers shown above, so it becomes a felony at $750 or more, or after two prior theft convictions.
A repeat conviction adds a mandatory fine. Section 812.015(2) provides that "Upon a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency, the offender shall be punished as provided in s. 812.014(3), except that the court shall impose a fine of not less than $50 or more than $1,000."
Restitution is mandatory on any conviction under the retail theft statute. Section 812.015(12) says a court "must order a person convicted of violating this section to pay restitution, which must include the value of merchandise that was damaged or stolen and the cost of repairing or replacing any other property that was damaged in the course of committing the offense."
Two retail offenses do not depend on value. Under section 812.015(7), a person who "possesses any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of the third degree," and using or attempting to use one there is also a third-degree felony. Under section 812.015(6), resisting the "reasonable effort of a law enforcement officer, merchant, merchant's employee" or others to recover property is a first-degree misdemeanor, "unless the individual did not know, or did not have reason to know," that the person seeking to recover the property held one of those roles.
Organized retail theft
Section 812.015(8) makes retail theft a third-degree felony when it fits one of several listed patterns. Two of them are:
- coordinating the activities of one or more individuals in retail theft "in which the amount of each individual theft is aggregated within a 120-day period to determine the value of the property stolen and such value is $750 or more" (812.015(8)(a)); and
- committing "three or more retail thefts within a 120-day period" and in doing so obtaining or using "10 or more items of merchandise," where "two or more of the thefts occur at different physical merchant locations" (812.015(8)(f)).
The (8)(f) pattern does not depend on value. It turns on the number of thefts, the number of items and the number of locations.
The grade climbs from there:
| Organized retail theft | Class | Statutory maximum |
|---|---|---|
| A listed pattern under 812.015(8) | Third-degree felony | Up to 5 years; fine up to $5,000 |
| A repeat (8) violation; coordinating retail thefts, or conspiring to sell stolen merchandise, aggregated within 120 days at a value in excess of $3,000; three or more retail thefts in 120 days involving 20 or more items at two or more locations, regardless of value; or acting with five or more others to overwhelm a store while soliciting participants through a social media platform (812.015(9)) | Second-degree felony | Up to 15 years; fine up to $10,000 |
| A violation of (8) or (9) with two or more previous convictions under those subsections, or while possessing a firearm (812.015(11)) | First-degree felony | Up to 30 years; fine up to $10,000 |
The maximums in the right-hand column come from sections 775.082(3) and 775.083(1). When retail thefts occur in more than one judicial circuit within a 120-day period, the value from each circuit may be aggregated, and the person "must be prosecuted by the Office of the Statewide Prosecutor" (812.015(10)).
Store detention
Section 812.015(3)(a) lets a merchant, a farmer, a transit agency's employee or agent, or a law enforcement officer detain a person when there is "probable cause to believe that a retail theft ... has been committed by a person." In a retail theft case, the statute also requires probable cause that "the property can be recovered by taking the offender into custody." The person may then be taken into custody and detained "in a reasonable manner for a reasonable length of time," and "a law enforcement officer shall be called to the scene immediately after the person has been taken into custody."
Under section 812.015(3)(b), the activation of an antishoplifting or inventory control device as a person exits "shall constitute reasonable cause for the detention" of that person, "provided sufficient notice has been posted to advise the patrons that such a device is being utilized."
Civil demand letters: Florida's civil theft remedy
Section 812.015 itself does not set a civil penalty amount for shoplifting. The civil remedy for theft is section 772.11, which applies to anyone injured by a violation of sections 812.012 through 812.037 or section 825.103(1).
Under section 772.11(1), a person who "proves by clear and convincing evidence" an injury from such a violation has a cause of action for "threefold the actual damages sustained," with "minimum damages in the amount of $200," plus "reasonable attorney's fees and court costs."
The statute requires a written demand before a lawsuit. It provides:
"Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand."
Parents can be liable too. The same subsection lets a claimant recover the damages "from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section."
The subsection also limits the claim. "Punitive damages may not be awarded under this section," and "the defendant is entitled to recover reasonable attorney's fees and court costs" if the court finds "that the claimant raised a claim that was without substantial fact or legal support."
These rules describe what a claimant must prove and what a court can award. They are separate from any criminal case. Whether a particular demand letter matches the statute is a question for a lawyer licensed in Florida.
Recent amendments
The text on this page reflects the 2026 edition of the Florida Statutes, whose history notes for sections 812.014 and 812.015 list no 2025 or 2026 act. The history note for section 812.014 lists amendments by chapters 2019-98, 2019-167, 2021-6, 2021-230, 2022-4, 2023-87, 2024-69 and 2024-137, Laws of Florida, and section 812.015 was last amended by chapter 2024-69. This page states the current text of each section rather than what each of those acts changed.
Related legal issues
Fraud schemes and theft by deception are covered in our guide to Florida scam and fraud laws, which also explains where to report them. Stealing someone's personal information is a separate set of offenses, covered in Florida identity theft laws. For sealing or expunging a theft record, see Florida expungement laws, and for filing deadlines see the Florida statute of limitations guide. Federal theft offenses are covered on our theft laws hub.
Related
- Theft laws by state
- Florida scam and fraud laws
- Florida identity theft laws
- Florida expungement laws
- Florida statute of limitations
This article provides general legal information about Florida theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Florida.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the felony theft amount in Florida?
Theft becomes grand theft of the third degree, a third-degree felony, when the property is valued at $750 or more, but less than $5,000 (Fla. Stat. 812.014(2)(c)1.). The line is $40 for theft from a dwelling, $300 when the person knows or has reason to believe the victim is 65 or older (812.0145(2)(c)), and there is no value floor for property such as a firearm or a motor vehicle.
Is stealing $500 a felony in Florida?
Ordinarily no. Property valued at $100 or more but less than $750 is petit theft of the first degree, a first-degree misdemeanor (812.014(2)(f)). It is a third-degree felony if it was taken from a dwelling or its unenclosed curtilage (812.014(2)(d)1.), if the property is on the value-independent list, if the person has two or more prior theft convictions (812.014(3)(c)), if the person knows or has reason to believe the victim is 65 or older (812.0145(2)(c)), or if it fits an organized retail theft pattern (812.015(8)).
What is the difference between petit theft and grand theft in Florida?
Petit theft is a misdemeanor and generally covers property worth less than $750; grand theft is a felony and generally starts at $750 (Fla. Stat. 812.014). Grand theft has three degrees, with the first degree reserved for property valued at $100,000 or more.
Is shoplifting a felony in Florida?
Retail theft is graded on the same value tiers, so it is a felony at $750 or more. It is also a felony under the organized retail theft rules in section 812.015(8), such as three or more retail thefts in 120 days involving 10 or more items at two or more store locations, or when the person has two or more prior theft convictions. Possessing, or using or attempting to use, a device that defeats a store's antishoplifting or inventory control system inside a store is a third-degree felony regardless of value (812.015(7)).
What is the penalty for a first petit theft in Florida?
Petit theft under $100 is a second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500; petit theft of $100 or more but less than $750 is a first-degree misdemeanor punishable by up to 1 year and a fine of up to $1,000 (775.082, 775.083). These are statutory maximums. A conviction under the retail theft statute, section 812.015, also requires restitution (812.015(12)).
Can a store demand money after shoplifting in Florida?
Section 772.11 requires a person claiming injury from theft to make a written demand for $200 or the treble damage amount before filing a civil suit. If the person complies within 30 days, the statute requires a written release from further civil liability for that act.
Can a Florida store detain someone suspected of shoplifting?
Section 812.015(3)(a) lets a merchant with probable cause to believe a retail theft was committed, and that the property can be recovered, detain the person in a reasonable manner for a reasonable length of time. A law enforcement officer must be called to the scene immediately after the person is taken into custody.
Do old theft convictions count in Florida?
The text of section 812.014(3) sets no time limit on prior convictions. A petit theft after one prior theft conviction is a first-degree misdemeanor, and after two or more prior theft convictions it is a third-degree felony.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 812.014Theft.In force
(1) 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. (2)(a)1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or 2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; or 3. If the offender commits any grand theft and:a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or b.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 812.015Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties.In force
(1) As used in this section:(a) “Antishoplifting or inventory control device” means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area within such an enclosure, of specially marked or tagged merchandise. The term includes any electronic or digital imaging or any video recording or other film used for security purposes and the cash register tape or other record made of the register receipt. (b) “Antishoplifting or inventory control device countermeasure” means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device. (c) “Farm produce” means livestock or any item grown, produced, or manufactured by a person owning, renting, or leasing land for the purpose of growing, producing, or manufacturing items for sale or personal use, either part time or full time. (d) “Farm theft” means the unlawful taking possession of any items that are grown or produced on land owned, rented, or leased by another person.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 772.11Civil remedy for theft or exploitation.In force
(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 812.0145Theft from persons 65 years of age or older; reclassification of offenses.In force
(1) A person who is convicted of theft of more than $1,000 from a person 65 years of age or older shall be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof. (2) Whenever a person is charged with committing theft from a person 65 years of age or older, when he or she knows or has reason to believe that the victim was 65 years of age or older, the offense for which the person is charged shall be reclassified as follows:(a) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 812.012Definitions.In force
As used in ss. 812.012-812.037:(1) “Cargo” means partial or entire shipments, containers, or cartons of property which are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility. (2) “Dealer in property” means any person in the business of buying and selling property. (3) “Obtains or uses” means any manner of:(a) Taking or exercising control over property. (b) Making any unauthorized use, disposition, or transfer of property. (c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise. (d)1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or 2. Other conduct similar in nature. (4) “Property” means anything of value, and includes:(a) Real property, including things growing on, affixed to, and found in land. (b) Tangible or intangible personal property, including rights, privileges, interests, and claims. (c) Services.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 775.082Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.In forcecited in 12 of our articles
(1)(a) Except as provided in paragraph (b), a person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in a determination that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole. (b)1. A person who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age shall be punished by a term of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. If the court finds that life imprisonment is not an appropriate sentence, such person shall be punished by a term of imprisonment of at least 40 years. A person sentenced pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(a). 2.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 291 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Dixon (1973) held Section 775.082, with sections 782.04 and 921.141, constitutional under the test of Furman v. Georgia. Kenneth R. Jackson v. State of Florida (2017) held that Section 775.082(2)'s automatic life-sentence remedy did not apply after Hurst v. Florida, which invalidated only certain sentencing procedures.
Opinions citing this section in our collection:
- State v. Dixon (Supreme Court of Florida 1973, 283 So. 2d 1)✓Four consolidated murder cases challenged Florida's post-Furman capital scheme; the Florida Supreme Court held sections 775.082, 782.04 and 921.141 constitutional, reading the listed aggravating and mitigating circumstances as definite enough to channel sentencing discretion.
- Woods v. State (District Court of Appeal of Florida 1999, 740 So. 2d 20)✓Woods committed an unarmed robbery about a month after release from prison and was sentenced to 15 years as a prison releasee reoffender under section 775.082(8); the court affirmed, rejecting separation of powers, vagueness and equal protection challenges.
- Kenneth R. Jackson v. State of Florida (Supreme Court of Florida 2017, 42 Fla. L. Weekly Supp. 361)✓Jackson was sentenced to death for a murder during a sexual battery on an 11-1 jury recommendation; the court found Hurst error but held section 775.082(2)'s life-sentence remedy inapplicable, since Hurst voided only part of section 921.141, and ordered a new penalty phase.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hit and Run Laws in the United States (2026 Guide), How Long Is a Life Sentence in Florida? (2026 Guide), Florida's New Hit-and-Run Law Lets Courts Order Restitution for Property Damage
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Fla. Stat. 812.014, Theft(flsenate.gov).gov
- Fla. Stat. 812.012, Definitions(flsenate.gov).gov
- Fla. Stat. 775.082, Penalties(flsenate.gov).gov
- Fla. Stat. 775.083, Fines(flsenate.gov).gov
- Fla. Stat. 812.0145, Theft from persons 65 years of age or older(flsenate.gov).gov
- Fla. Stat. 812.015, Retail and farm theft; detention and arrest; penalties(flsenate.gov).gov
- Fla. Stat. 772.11, Civil remedy for theft or exploitation(flsenate.gov).gov
- Florida Statutes Chapter 812, Theft, Robbery, and Related Crimes (Online Sunshine)(leg.state.fl.us).gov
- Fla. Stat. 775.084, Habitual felony offenders; enhanced penalties(flsenate.gov).gov
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