Stealing stuff worth less than $750 still a crime in Florida, but soon won’t be a felony

Thefts of goods worth less than $750 in Florida will soon no longer be classified as felonies after Gov. Ron DeSantis approved a bill that brings the first change to the legal threshold in 35 years.

At $300, the current threshold for felony theft is the second-lowest in the U.S., meaning that stealing a cellphone could hand a person a multiyear jail sentence. Petty thefts, on the other hand, have a maximum sentence of one year. The increase is intended to make the repercussions for theft more up-to-date.

“We felt it was time to make the adjustment,” said bill sponsor Sen. Jeff Brandes, R-St. Petersberg. “A year in prison is still a significant punishment for theft.”

The bill, HB 7125, now requires that the threshold be reviewed every five years. Bill sponsor Rep. Paul Renner, R-Palm Coast wrote in a statement to the Tampa Bay Times that the higher threshold will increase employment opportunities for former felons seeking employment.”

In states that have already raised felony theft thresholds, a May 2018 study from Pew Charity Trusts found that there was no change in property crime rates. Thirty-nine states have raised their thresholds since 2000, according to the study.

The criminal justice package also brings flexibility to the courtroom for sentences of non-violent drug offenders, and allows such offenders to be released early from prison for good behavior. Felony charges for a driver caught without a license three times will also be eliminated under the new legislation.

The bill received unanimous approval in the House and near-unanimous approval in the Senate, before DeSantis signed it on Friday. It will go into effect on Oct. 1.

HB 7125’s biggest obstacle had previously been the Florida Retail Federation, which includes big-name businesses like Walmart, Disney and Publix. The Federation had opposed any bill that raised the threshold above $1,000, spokesman James Miller said.

But the Retail Federation was more concerned with the aspect of the bill that extends the “aggregation period” for retail theft, or the length of time during which different theft amounts can be added together and charged as a single crime. The new bill allows aggregated retail theft of at least $3,000 occurring over 30 days, rather than 48 hours, to constitute a felony. With the extension, the Federation feels they have an appropriate provision to fight back against organized retail crimes.

“That is how we feel is best to catch organized retail crime,” Miller said. “The bill will allow us to find someone who has made multiple thefts and hopefully get some of those criminals off the streets.”

This story was originally published July 1, 2019 at 2:25 PM.