• Florida retail theft lawscash register - classic image by gary kaPLOW! from Fotolia.com
  
  Retail theft is a serious issue in the United States. Laws regarding what constitutes retail theft vary from state to state. In Florida, the retail theft statutes clearly define what constitutes retail theft, and it is a good idea to review the statute and laws in the state in order to understand your responsibilities and obligations under the law.
  
  

Definition

• According to Florida code, retail theft is defined as removing from the store, carrying away or taking merchandise, money, property or other items of value. Removing or changing a label, product code or price tag to get an item for a lower price also constitutes theft; as does moving an item from one bin or spot to another that has a different price. Taking a shopping cart is also defined as theft. To commit retail theft, you must also have intent to deprive the seller or merchant of the possession of the item, the benefit of the item or the full retail value of the item.
  
  

Farm Theft

• The Florida retail theft laws also include stealing from farmers. Unlawfully taking any livestock or item grown for food consumption from a farmer is considered to be retail theft in the state, so even picking apples or oranges from a tree could theoretically be construed as an act of retail theft if the authorities choose to prosecute. Because of this, it is important to note that the laws regarding retail theft apply to farmers, produce stands and roadside fruit markets just the same as they would apply to a retail store in a mall or shopping center.
  
  

Transit Fare Evasion

• A third category of retail theft in Florida known as "transit fare evasion." This category specifically deals with nonpayment of fares due to a bus, train, taxi, rental car, limousine, subway or other form of transportation that requires payment to go from place to place. Transit fare evasion is a serious offense, but one that is not commonly thought of as retail theft. Be sure to pay fares when using public transportation so that you are not in violation of the Florida retail theft statutes.
  
  

Penalties

• For all forms of retail theft, the penalties and fines are the same and depend on the amount stolen and whether it is a first offense or not. If the item(s) stolen are valued under $300, the theft is usually considered a misdemeanor. It is punishable by a fine of up to $500 and up to 60 days in jail. For a second offense, the potential fine may increase up to $1,000 and the time in jail to up to a year. A third offense could lead to a fine of up to $5,000 and a maximum of five years in jail; the third offense is also considered a felony instead of a misdemeanor.
  
  On the other hand, if you take more than $300 worth of goods, even the first offense is a felony and you are subject to a fine up to $5,000 and up to five years in prison.