Most fraud cases are won or lost on intent, and rental application cases will be no different: the question is whether a person knowingly lied or simply made a mistake on a form. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys, I have defended fraud and identity cases in Hillsborough County courtrooms for more than 25 years. Our attorneys read every word of the application and every document the landlord relied on before anything else.

This guide explains what HB 1293 (chapter 2026-143, Laws of Florida) made a crime, what it did not, why the Legislature passed it unanimously, and how these charges are defended.

What Does Florida’s New Rental Fraud Law Prohibit?

Section 817.537, Florida Statutes, titled “Fraudulent entry of a residential dwelling unit,” provides that a person may not “enter into and take possession of a residential dwelling unit” by knowingly and willfully doing any of three things:

1. Lying about identity in writing. Making, or causing to be made, a materially false written statement “relating to the person’s identity” in a rental application for a residential tenancy.
2. Using fake documents. Presenting forged, fictitious, or counterfeit documents to the landlord, “including, but not limited to, a driver license, an identification card, a bank statement, or a paystub.”
3. Impersonation. Impersonating another person in whose name a rental application is submitted, in order to sign a lease or take possession.

A violation is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. The law took effect October 1, 2026, after Governor DeSantis signed it on June 12, 2026.

What Does the New Law Not Cover?

The law is narrower than many news reports suggest, and the details matter in court. Three limits stand out in the text:

• The person must take possession. The statute requires entering into and taking possession of the unit. A false application that is rejected, or a lease that is signed but never occupied, does not complete this crime, though other fraud laws may still apply.
• Written statements must relate to identity. A false statement under the first prong must concern the applicant’s identity. Overstating income or leaving out an old eviction on the form, without a forged document, is not covered by that prong. A fake paystub or doctored bank statement, however, is covered by the second prong.
• The conduct must be knowing and willful. An honest mistake, a typo, or information entered by someone else without the applicant’s knowledge is not a crime under this statute.

Older laws still fill some gaps. Section 817.03 has long made it a first-degree misdemeanor to make a false statement in writing to obtain property or credit, and Florida’s identity theft law, section 817.568, applies when someone uses another person’s personal identification information without consent.

Why Did Florida Pass HB 1293?

Landlords and property managers told lawmakers that application fraud has become common and harder to spot. A survey by the National Multifamily Housing Council, conducted from November 2023 to January 2024, found that 93.3% of 75 responding apartment owners, developers, and managers had experienced fraud in the prior 12 months. Of those, 84.3% reported falsified paystubs, employment references, or income documents, and 70.0% reported identity theft or fake ID documents. Respondents said fraudulent applications accounted for an average of 23.8% of their eviction filings.

Florida’s identity theft problem adds to the concern. According to the Federal Trade Commission’s Consumer Sentinel Network Data Book 2024, Floridians filed 115,840 identity theft reports in 2024, or 528 per 100,000 residents, the highest rate of any state.

Eric Garduño of the Bay Area Apartment Association told Bay News 9 that artificial intelligence is making it “harder and harder to distinguish the genuine documents from the fraudulent ones.” Tenant advocates disagreed with the approach. Charles Phillips of the St. Pete Tenants Union told the station that “criminal penalties are absolutely not necessary,” and critics warned that a felony record can make it harder to find future housing and work.

The law also builds on Florida’s 2024 squatter law, which created a fast sheriff’s removal process under section 82.036 for unauthorized occupants who were never tenants. HB 1293 addresses people who become tenants through deception. The U.S. Supreme Court has described the landlord’s underlying interest, the right to exclude, as “one of the most treasured” rights of property ownership in Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021), a case about union organizers’ access to farmland that the House staff analysis cited for that principle.

How Did HB 1293 Move Through the Legislature?

The bill passed every committee and both chambers without a single “no” vote. Representative Greco sponsored the House bill, and Senator Rodriguez sponsored the identical Senate bill, SB 1224. The House Criminal Justice Subcommittee added definitions and clarified the impersonation language.

Vote tallies come from the official bill history and the House Judiciary Committee’s analysis, which projected an “indeterminate” increase in prison beds.

What Can a Landlord Do After Discovering Rental Fraud?

A landlord can end the lease quickly but still cannot lock a tenant out. HB 1293 amended section 83.56 so that fraudulent entry under section 817.537(2) is a lease violation that cannot be cured, “regardless of whether criminal proceedings have commenced.” The landlord can give written notice terminating the rental agreement, and the tenant has 7 days to leave.

If the tenant does not leave, the landlord must still go through a court eviction. Self-help, such as changing the locks or removing belongings, remains illegal in Florida. For tenants, a termination notice based on alleged fraud is also a warning sign that a criminal referral may follow.

How Do You Fight a Rental Fraud Charge in Florida?

The State must prove knowledge, willfulness, materiality, and possession, and each element is open to challenge. Our Tampa white collar crime attorney team looks at these questions:

1. Who prepared the application? Applications are often filled out by relatives, roommates, or third-party “approval services” that promise to get people approved. Proof that someone else made the false statement or created the document can defeat the knowledge element.
2. Was the statement about identity, and was it material? A false statement under the first prong must relate to identity and be material to the landlord’s decision.
3. Was the document actually forged? Screening software flags documents for many reasons, including formatting from legitimate payroll systems. The State must prove the document was forged, fictitious, or counterfeit.
4. Did the person take possession? Without possession of the unit, this specific crime is not complete.
5. When did it happen? The statute applies only to conduct on or after October 1, 2026.

These cases usually begin with a landlord’s complaint to police, not an arrest. If a property manager or detective has contacted you about your application, representation before charges are filed gives our attorneys a chance to resolve the dispute, often through restitution or a move-out agreement, before the State Attorney’s Office decides whether to file.

This post is part of our guide to the new Florida criminal laws that took effect October 1, 2026, which summarizes all eight laws in one place.

Frequently Asked Questions

Is lying about income on a rental application a felony in Florida?

Not by itself under the identity prong, but using a fake paystub, bank statement, or other forged document to support the claim is a third-degree felony if you take possession of the unit. The Brancato Law Firm reviews exactly what was submitted, because the difference between a false answer and a forged document can decide the charge.

Can I be arrested if my roommate lied on our rental application?

Only if the State can prove you knowingly and willfully participated in the false statement or fake document. Our attorneys at The Brancato Law Firm build a timeline of who filled out and submitted each part of the application.

Is using an “approval service” for a rental application illegal?

It can be, if the service creates fake paystubs, bank statements, or references that you knowingly submit. Applicants are sometimes misled by these services, and The Brancato Law Firm treats proof of what you were told as central to the defense, as explained by our fraud defense attorneys.

Can my landlord evict me for rental application fraud?

Yes. A landlord can terminate the lease with 7 days’ written notice and no opportunity to cure, but must still file an eviction case if you do not leave. Our attorneys at The Brancato Law Firm handle the criminal side and can coordinate with your landlord-tenant counsel.

What is the penalty for rental application fraud in Florida?

It is a third-degree felony punishable by up to five years in prison and a $5,000 fine, and a conviction can follow you into future housing and job applications. The Brancato Law Firm pursues outcomes such as diversion or dismissal after restitution where the facts support them.

Does the 2026 rental fraud law apply to squatters?

It applies to people who obtain a rental through a false identity, fake documents, or impersonation. Squatters who never had a lease are handled under Florida’s 2024 squatter removal law and trespass laws, and our attorneys at The Brancato Law Firm defend both kinds of cases.

Talk to a Tampa Fraud Defense Lawyer Today

For more about our defense strategies, visit our White Collar Crimes practice page.

A fraud complaint from a landlord can become a felony charge weeks or months later. Our attorneys will review the application, the documents, and who prepared them, and we will work to resolve the matter before charges are filed when we can. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Porch cases are usually won or lost on the photographs, long before a jury hears anything about intent. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I learned that over more than 25 years in Hillsborough County courtrooms, including as a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys examine the scene, the roofline, and every photo the State intends to use before deciding how to fight a porch burglary charge.

Is a Porch Part of a Dwelling Under Florida Law?

Yes, if the porch is attached. Section 810.011(2), Florida Statutes, defines a “dwelling” as “a building or conveyance of any kind, including any attached porch,” that “has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof.” The same section defines a “structure” as any roofed building “together with the curtilage thereof.”

The statute does not define “attached porch,” so Florida courts decide each case from its photographs and testimony. The key questions are whether the area shares the home’s roof, whether it touches an entrance, whether it is physically set apart from the yard, and whether the residents use it as part of their living space. Burglary is defined in section 810.02, Florida Statutes, as entering a dwelling, structure, or conveyance with intent to commit an offense inside, unless the premises are open to the public or the person was invited.

What Happened in Krasner v. State?

The Fourth District Court of Appeal held that a covered front porch was part of the dwelling and affirmed a package thief’s burglary conviction. In Krasner v. State, No. 4D2024-0355 (Fla. 4th DCA June 11, 2025), Jennifer Liza Krasner was charged with burglary of an occupied dwelling after she took delivered packages from the front of the victims’ home.

The jury convicted her of a lesser offense, burglary of an unoccupied structure. On appeal she argued the area was not a porch at all. The court rejected that argument, describing the area this way: it “is covered by the same roof that covers the rest of the house,” it “is adjacent to and touching the front door,” and it held several of the residents’ belongings, “including a ‘welcome’ rug.” The court concluded, “In short, the area constitutes a porch.”

The court also rejected Krasner’s claim to a twelve-person jury, following its earlier decision that six-person juries are constitutional in non-capital cases. It remanded only to fix two clerical errors in the judgment, which listed the wrong offense and said she pleaded guilty when she went to trial. At the time of this update the opinion had not been assigned a Southern Reporter citation.

When Is a Porch Not Part of a Dwelling in Florida?

A porch-like area that is open to the street, uncovered, or unconnected to an entrance usually is not part of a dwelling. The Krasner court compared two lines of cases:

• Not a porch: In Colbert v. State, 78 So. 3d 111 (Fla. 1st DCA 2012), a man took a bicycle from a mulch area beside a townhouse’s concrete entry pad. The First District held the area, “both visually and physically open to the general public,” was “not a logical extension of one’s dwelling in a way that comports with the concept of an ‘attached porch.'”
• A porch: In Morlas v. State, 211 So. 3d 286 (Fla. 4th DCA 2017), men tried to break into a home and entered only an elevated, cemented front patio. The Fourth District held the patio was an “attached porch” because it was “directly adjacent to and touching the home,” it “shares a common roof with the home,” and the homeowner kept personal items there.

The curtilage rule adds another limit. In State v. Hamilton, 660 So. 2d 1038 (Fla. 1995), two men took boat motors from an unfenced backyard, and the homeowner shot and killed one of them. The Florida Supreme Court held that the yard around a home counts as “curtilage” only if there is “some form of an enclosure,” and it reversed the surviving man’s burglary and felony murder convictions because the yard was open.

The table reflects the factors Florida courts have used; no single factor controls. Our attorneys at The Brancato Law Firm photograph the property ourselves, because the State’s photos are usually taken to make the area look as enclosed as possible.

Why Did the Legislature Add “Attached Porch” to the Burglary Statute?

The Legislature added “attached porch” to the dwelling definition in 1996, after Hamilton made the boundaries of burglary a live issue. A Florida Senate Criminal Justice Committee staff analysis of CS/SB 590 (February 18, 1998) explains that the 1996 changes responded to the Hamilton decision, and it quotes the court’s observation that a definition “is crucial to comprehending the full scope of the crime of burglary.”

That history matters for defense arguments. The porch language expanded burglary to a specific, named area, but it did not erase the line between a porch and an open yard. Courts still apply Hamilton’s enclosure requirement to curtilage, as the Fifth District did in J.L. v. State, 57 So. 3d 924 (Fla. 5th DCA 2011), a juvenile case in which a go-cart, a four-wheeler, and a skateboard leaning against the side of a house were held to be outside its curtilage.

What Are the Penalties for Porch Burglary in Florida?

Burglary of a dwelling without an assault, battery, or weapon is a second-degree felony punishable by up to 15 years in prison, whether or not anyone is home. That correction matters, because many websites say burglary of an occupied dwelling carries life. Under section 810.02, burglary becomes a first-degree felony punishable by life only if the offender commits an assault or battery, is or becomes armed with explosives or a dangerous weapon, uses a motor vehicle to damage the building, or causes more than $1,000 in damage.

The maximums come from section 775.082, Florida Statutes. Actual sentences depend on the Criminal Punishment Code scoresheet, the person’s prior record, and the facts of the case.

Is Stealing a Package From a Porch a Felony in Florida Even Without Burglary?

Often, yes. Since October 1, 2024, section 812.014(2)(d), Florida Statutes, makes theft of property “valued at $40 or more, but less than $750” a third-degree felony when it is “taken from a dwelling” or from the unenclosed curtilage of a dwelling. Before that change, the threshold was $100.

The Florida Senate’s summary of HB 549 (2024) also describes a second-degree felony for taking property from more than 20 dwellings or their curtilages, and a misdemeanor for property under $40 unless the person has prior theft convictions. In practice, prosecutors can charge a single package theft as felony theft, burglary, or both, so our attorneys look at the value evidence as closely as the porch itself.

How Common Are Burglary and Theft Arrests in Florida?

Florida law enforcement agencies made 12,584 burglary arrests and 46,565 larceny arrests statewide in 2020, according to FDLE’s Uniform Crime Report arrest tables, the most recent year FDLE published in that county format. Hillsborough County agencies made 2,766 larceny arrests that year.

Every one of those cases turns on facts like the ones in Krasner: where the property was, what it was worth, and whether the person entered a protected area. For a full breakdown of how burglary charges are built and defended, see our guide How to Fight a Burglary Charge in Florida.

How Do You Fight a Porch Burglary Charge in Florida?

The defense attacks the elements the State must prove: that the area is a dwelling or structure, that the person entered it, and that the person intended to commit a crime inside at the moment of entry. These are the arguments our attorneys raise most often:

1. The area is not an attached porch. Photos, measurements, and the roofline can show an open pad, walkway, or yard, as in Colbert.
2. The yard is not enclosed curtilage. Under Hamilton, an unfenced yard is not curtilage, so taking an item from it is not burglary.
3. No entry occurred. Reaching from a walkway or picking up an item at the edge of a step may not be an entry into the porch at all.
4. No intent at entry. A person who stepped onto a porch to knock or deliver something did not enter with intent to steal.
5. Identification. Doorbell video is often grainy or partial, and photo lineups can be suggestive.
6. Value. For felony theft from a dwelling, the State must prove the property was worth at least $40, with competent evidence of value.

Burglary and theft cases in Hillsborough County are prosecuted by the State Attorney’s Office for the 13th Judicial Circuit and heard at the courthouse on Twiggs Street, two blocks from our office. Our Hillsborough County criminal defense attorney page explains how felony cases move from first appearance to trial.

Frequently Asked Questions About Porch Burglary in Florida

Is a screened porch part of a dwelling for burglary in Florida?

Usually, yes, because a screened porch is typically attached, covered, and enclosed, which fits the “attached porch” language in section 810.011(2). The Brancato Law Firm still examines who had the right to occupy the porch, since a landlord or guest situation can change the analysis.

Can I be charged with burglary for taking a package from a front step with no roof?

It is harder for the State, because courts like the Colbert court have refused to treat open, uncovered areas as an attached porch. Our attorneys at The Brancato Law Firm use photographs and site measurements to show when a step or walkway is not part of the dwelling, though felony theft from the curtilage may still be charged.

Is burglary of an occupied dwelling a life felony in Florida?

No, not by itself. Burglary of an occupied dwelling is a second-degree felony punishable by up to 15 years, and it becomes a first-degree life felony only with an assault, battery, weapon, vehicle damage, or more than $1,000 in damage. The Brancato Law Firm reviews the charging document to make sure the degree matches the facts alleged.

What is the difference between burglary of a dwelling and burglary of a structure in Florida?

A dwelling is a building designed for people to sleep in at night, plus any attached porch, while a structure is any roofed building, such as a store or shed. The Brancato Law Firm often argues that an area is at most a structure or curtilage, which can lower the degree of the charge; see our burglary defense guide.

Can a porch burglary charge be reduced to trespass or petit theft in Florida?

Sometimes, if the evidence on entry, intent, or the nature of the area is weak. Our attorneys at The Brancato Law Firm negotiate reductions based on those weaknesses and take the case to trial when the State will not move; our trespass guide explains the lesser charge.

What should I do if police want to talk to me about a package theft in Tampa?

Decline to answer questions and call a defense attorney, because statements about where you stood or what you intended are often the State’s best evidence of entry and intent. The Brancato Law Firm offers representation before charges are filed for people contacted by detectives.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa violent crimes defense practice.

Talk to a Tampa Burglary Defense Attorney About the Porch in Your Case

Photographs of a porch, doorbell video, and the property itself can change within weeks, so the defense needs to document the scene early. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will review whether the area in your case is truly part of a dwelling. Call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Hillsborough County Criminal Defense Attorney page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Most trespass cases are decided by a question the arrest report rarely answers: who told the person to leave, and did that person have the authority to say it? I have watched that question decide cases for more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. On every trespass case, our attorneys pull the warning, the posting, and the written authorization behind them before we advise a client on anything else.

What Counts as Trespass Under Florida Law?

Florida law treats trespass as two separate crimes: trespass in a structure or conveyance, and trespass on property other than a structure or conveyance. Under section 810.08, Florida Statutes, a person commits trespass in a structure or conveyance by willfully entering or remaining in a building or vehicle without being authorized, licensed, or invited, or by refusing to leave after the owner, the lessee, or a person they authorized warns the person to depart. Under section 810.09, Florida Statutes, trespass on land requires one more element: notice against entering, given in person or by posting, fencing, or cultivation. The only exception is the unenclosed curtilage of a home, where entering with intent to commit another crime is enough.

Florida’s definitions in section 810.011 are broad. A structure is any building with a roof, temporary or permanent, together with its curtilage. A conveyance is any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. During a state of emergency declared by the Governor, such as the declarations that follow a hurricane, a damaged building still counts as a structure for trespass purposes even if walls or a roof are gone, which matters in Tampa Bay after every storm season.

The word “willfully” carries weight in both statutes. A person who walks through an unmarked side door believing it is open to the public, or who never heard a warning, did not willfully trespass. Our attorneys at The Brancato Law Firm look first at what the client knew and when, because the State has to prove that knowledge beyond a reasonable doubt. Our approach to trespass and other property charges in Tampa is described on our Hillsborough County criminal defense attorney page.

What Is Trespass After Warning in Florida?

“Trespass after warning” is the common name for staying on, or coming back to, property after the owner or an authorized person has told you to leave. Florida has no separate statute with that title. The charge is filed under section 810.08 when the place is a building or vehicle, and under section 810.09 when it is land, such as a parking lot. Defying an order to leave that was personally communicated to you makes trespass on land a first-degree misdemeanor, punishable by up to 1 year in jail.

The warning has to come from the right person. Section 810.09(3) defines an authorized person as the owner, the owner’s agent, a community association acting as the owner’s agent, or a law enforcement officer whose department has received written authorization to communicate an order to leave. Section 810.08(3) uses a similar definition for buildings. The Brancato Law Firm treats that written authorization as a document to be produced and tested in every case where an officer, not the owner, gave the warning.

In Tampa, that written authorization is often a Trespass Affidavit. The Tampa Police Department Trespass Affidavit Program lets a property owner sign a notarized form (TPD Form 127) that allows any Tampa Police officer to act as the owner’s representative, warn people to leave, and arrest people who refuse. TPD’s program page also says the owner must file a new affidavit when management, contact numbers, or the subpoena address change, and that if the department or court cannot contact the owner or agent, prosecution will not be pursued. When our attorneys take a Tampa trespass case, we request the affidavit and check who signed it, when, and whether anyone at that business can still be reached to testify.

Smith v. State: a blanket authorization is not a warning

Smith v. State, 778 So. 2d 329 (Fla. 2d DCA 2000) is the leading local case on this issue. Two St. Petersburg officers watched Reginald Smith walk around the parking lot of a 24-hour convenience store for about ten minutes, talking to customers. The owner had signed a blanket authorization for police to issue trespass warnings at the store, but no one, not the owner, an employee, or an officer, had ever told Smith to leave. The officers arrested him for trespass and found drugs in the search that followed.

The Second District Court of Appeal, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, reversed. The court held that a store open to the public extends an implied invitation to enter, and that actual communication is necessary to withdraw it. A “No Trespassing” sign on the store wall was not statutory posting of the parking lot. Because no trespass occurred in the officers’ presence, the arrest was illegal, the drugs were suppressed, and Smith was discharged. The lesson reaches past trespass: when an arrest for trespass is unlawful, the evidence found after it can be thrown out with a motion to suppress, and the same missing-warning problem can defeat the trespass charge itself at trial.

How Often Do Trespass Arrests Happen in Hillsborough County?

Trespass and burglary charges are a routine part of Hillsborough County’s criminal docket. In 2025, Hillsborough County jail bookings reported to the Florida Department of Law Enforcement carried 4,859 charges under Florida’s Burglary and Trespass chapter (Chapter 810), out of 79,626 charges booked in the county that year, according to FDLE’s Criminal Justice Data Transparency County Detention Arrest Report. FDLE’s report groups trespass with burglary under that chapter heading, so the figure covers both offenses, and our firm defends clients on both sides of that line.

Researchers have documented why trespass warnings produce so many arrests. In “Penal Boundaries: Banishment and the Expansion of Punishment,” published in Law & Social Inquiry in 2010, University of Washington researchers Katherine Beckett and Steve Herbert studied trespass admonishments, parks exclusion orders, and similar orders in Seattle (University of Washington summary and full text). They found that these warnings let police act as agents of property owners, and that a civil warning becomes a criminal case the moment the person returns. Our attorneys see the same pattern in Tampa: the warning is issued in seconds, and the arrest comes weeks or months later on a return visit.

How Long Does a Trespass Warning Last in Florida?

Florida’s trespass statutes do not set an expiration date for a trespass warning. A warning from a private owner generally stays in effect until the owner withdraws it, which is why a ban from a store or apartment complex can still be enforced a year or more later. Tampa Police Department’s program page says an owner who wants to end the department’s role as agent must notify the department in writing. The Brancato Law Firm still examines old warnings closely, because the State must prove the person received the warning, and proof of a conversation that happened long ago is often thin.

Warnings issued by a government agency for public property can carry their own limits. The St. Petersburg ordinance reviewed in Catron v. City of St. Petersburg in 2011 capped city trespass warnings at one year for a first violation and two years for later ones. That case is discussed in the next section.

Can You Be Trespassed From Public Property in Florida?

Yes, a government agency can trespass a person from public property, but the person giving the warning must have authority over that property, and the warning cannot be used without limits. Two cases set the boundaries that matter most in Tampa Bay.

In Catron v. City of St. Petersburg, 658 F.3d 1260 (11th Cir. 2011), four homeless residents challenged a St. Petersburg ordinance that let police and city employees issue trespass warnings excluding people from city parks and other city property, with no procedure to contest the warning. One plaintiff received a warning for “all city parks” that was to last “permanently.” The Eleventh Circuit held that people have a protected liberty interest in being on public land open to the general public, and that the plaintiffs had stated a procedural due process claim because the ordinance gave them no way to challenge a warning. The court also allowed a claim under the Florida Constitution’s right to intrastate travel to proceed.

In D.J. v. State, 67 So. 3d 1029 (Fla. 2011), a security guard at a Miami-Dade middle school told a juvenile who was not a student to leave, and he was arrested when he came back the next day. The Florida Supreme Court vacated his conviction under section 810.097, Florida Statutes, holding that the identity and authority of the person who gave the warning, the principal or the principal’s designee, are essential elements the State must prove. The State had offered no evidence that the guard was the principal’s designee. Our attorneys at The Brancato Law Firm apply the same reasoning to warnings given at parks, libraries, transit centers, and other public places in Hillsborough, Pinellas, and Pasco Counties.

What Are the Penalties for Trespass in Florida?

Trespass penalties in Florida range from a second-degree misdemeanor to a third-degree felony, depending on the place, whether anyone was inside, and whether the person was armed. The maximum jail terms come from section 775.082 and the maximum fines from section 775.083: up to 60 days and $500 for a second-degree misdemeanor, up to 1 year and $1,000 for a first-degree misdemeanor, and up to 5 years and $5,000 for a third-degree felony. The Brancato Law Firm reviews every enhancement in the charging document, because each one is an element the State must prove.

The armed enhancement applies when the person is armed with a firearm or other dangerous weapon during the trespass, or arms himself or herself while inside a structure. For armed trespass only, the statutes let an owner or authorized person detain the suspect in a reasonable manner and for a reasonable time, and they must call law enforcement as soon as practicable. The construction-site felony has its own sign rule: a site larger than one acre must be legally posted with a felony warning, and a site of one acre or less needs a sign with letters at least 2 inches high placed where the construction permits are posted.

What Does “Posted” Mean Under Florida Trespass Law?

Posted land under section 810.011(5), Florida Statutes, is land with “No Trespassing” signs placed not more than 500 feet apart along the boundaries and at each corner, with letters at least 2 inches high, showing the name of the owner, lessee, or occupant, and placed so they are clearly noticeable from outside the boundary. Fenced land counts as notice if the fence is of substantial construction and at least 3 feet high. Cultivated land counts if it has been cleared and planted with a crop, orchard, grove, pasture, or trees, or is fallow as part of a crop rotation. All of these figures come from the 2026 Florida Statutes.

Defective posting is one of the most practical defenses in a land-trespass case. A single sign on a building, a sign with no owner name, or a gap of more than 500 feet between signs may not satisfy the statute, and Smith shows that even a compliant sign may not withdraw the invitation to an open business’s parking lot. Under section 810.12, entering land that is properly enclosed and posted is prima facie evidence of intent to trespass, so our attorneys at The Brancato Law Firm measure, photograph, and document the posting before the property owner fixes it.

What Is the Difference Between Trespass and Burglary in Florida?

The difference is intent. Under section 810.02, Florida Statutes, burglary is entering a dwelling, structure, or conveyance with the intent to commit an offense inside, unless the premises are open to the public or the person is licensed or invited to enter. Trespass requires no intent to commit any other crime. That single element can be the difference between a misdemeanor and a burglary charge that can carry up to life in prison, so The Brancato Law Firm treats every burglary charge as a possible trespass case. Our guide to what burglary is in Florida covers the burglary side in detail.

Trespass also sits next to other charges prosecutors add to the same arrest. Hanging around a closed business at night may be charged as loitering and prowling, damage to a gate or fence may add criminal mischief, and taking anything from the property can bring a theft charge.

What Is Possession of Burglary Tools in Florida?

Possession of burglary tools under section 810.06, Florida Statutes is a third-degree felony, punishable by up to 5 years in prison, and it applies to tools intended for a trespass as well as a burglary. The statute requires proof that the person had the tool, machine, or implement with intent to use it, or allow it to be used, to commit a burglary or trespass. A screwdriver, a pry bar, or bolt cutters are ordinary tools with lawful uses, so the State usually relies on circumstantial evidence of intent. Our attorneys at The Brancato Law Firm challenge that inference with the client’s work history, receipts, and the reason the tools were in the vehicle.

Can You Use Force Against a Trespasser in Florida?

Florida allows non-deadly force against a trespasser in limited circumstances and allows deadly force only to prevent a forcible felony. Under section 776.031, Florida Statutes, a person may use or threaten force, other than deadly force, when and to the extent he or she reasonably believes it is necessary to prevent or end a trespass on real property other than a dwelling, if the property is lawfully in that person’s possession, a family or household member’s possession, or the possession of someone he or she has a legal duty to protect. Deadly force is justified only when the person reasonably believes it is necessary to prevent the imminent commission of a forcible felony. A trespass by itself is not a forcible felony.

Different rules apply when someone unlawfully and forcibly enters an occupied home or vehicle. Our guide to self-defense in Florida explains how those rules work, and our attorneys at The Brancato Law Firm defend both people charged with trespass and property owners charged after using force against a trespasser.

How Do Our Attorneys Fight a Trespass Charge in Tampa?

Our attorneys fight a trespass charge by testing each element in the order the State has to prove it. These are the questions we answer first, and each one can end a case:

1. Who gave the warning? We identify the person by name. A report that says only that the defendant “had been trespassed” does not prove who gave the warning.
2. Did that person have authority? We demand the owner’s written authorization or the Tampa Police Trespass Affidavit when an officer gave the warning, and we check whether a school warning came from the principal or a designee under D.J.
3. Was notice actually given? For land, we compare the signs, paint, and fencing to section 810.011. For an open business, we look for actual communication under Smith.
4. Was the entry willful? We look for open doors, missing signs, confusing boundaries, and anything showing the client believed he or she was allowed to be there.
5. Does the felony enhancement hold up? We test whether the object was a firearm or dangerous weapon and whether a construction site or other special site was posted exactly as the statute requires.
6. Is it really burglary? When the State charges burglary, we attack the intent element and argue for trespass as the correct offense, as we did at trial in the case described above.
7. Was the arrest legal? In most trespass cases, a warrantless misdemeanor arrest requires the offense to occur in the officer’s presence. If it did not, we move to suppress anything found afterward.

Can Trespass Charges Be Dropped in Florida?

Yes. Trespass charges can be dropped when the State cannot prove the warning, the authority behind it, or proper notice, and many first-time trespass cases resolve without a conviction. The State Attorney’s Office for the 13th Judicial Circuit can decline to file a charge, file a nolle prosequi (a formal dismissal) after charges are filed, or offer pretrial diversion to an eligible first-time offender, which ends in dismissal when the program is completed. When a case is resolved by plea, a withhold of adjudication means the person is not formally convicted.

The earliest opportunity comes before charges are filed. A misdemeanor trespass arrest in Tampa often starts with a notice to appear or a short jail stay, and the prosecutor’s filing decision comes later. Through our representation before charges are filed, The Brancato Law Firm can present the missing-warning problem, the property owner’s position, and the client’s background to the assigned prosecutor before a formal charge is filed.

What Should You Do After a Trespass Warning or Arrest?

After a trespass warning or arrest, protect the evidence and stay away from the property. Store surveillance systems record over old footage, employees change jobs, and the person who gave the warning may not remember it months later. These steps help our attorneys build the defense:

• Do not return to the property, even to apologize or pick up belongings; a return visit is how most trespass-after-warning cases start.
• Write down who gave the warning, what was said, the date and time, and who else was present.
• Keep any written trespass notice, citation, notice to appear, or property receipt.
• Photograph the entrances, signs, gates, and fences from the spot where you entered, as soon as you safely can.
• Do not discuss the incident with the property owner, security staff, or police without a lawyer.
• Note your first court date and call a defense attorney before it.

Frequently Asked Questions About Trespass in Florida

Is trespassing a felony or a misdemeanor in Florida?

Trespassing is usually a misdemeanor in Florida, and it becomes a third-degree felony when the person is armed or the property is a construction site or other site posted with a felony warning. The Brancato Law Firm checks every felony trespass charge for an enhancement the State cannot prove, which can reduce the case to a misdemeanor. Our Tampa trespass defense work covers both levels.

Can I be arrested for trespassing if there was no sign in Florida?

Yes, you can be arrested for trespassing without a sign if you entered a building without permission or were told in person to leave and refused. Our attorneys at The Brancato Law Firm compare the posting to section 810.011 in every land-trespass case, because land without proper signs, fencing, or cultivation requires a personal warning before trespass on that land is a crime, except in a home’s curtilage when the person intends another crime.

Can a store ban me for life in Florida?

A private business can withdraw its invitation and tell you not to return, and Florida’s trespass statutes set no expiration date for that warning. The Brancato Law Firm looks at whether the warning was actually given to you by the owner or an authorized person, because Smith v. State shows that a blanket authorization alone is not a warning.

Can police trespass me from a public park in Tampa Bay?

Yes, an authorized government official can issue a trespass warning for public property, but the warning must come from someone with authority over that property, and in Catron v. City of St. Petersburg the Eleventh Circuit held that a city ordinance giving people no way to challenge a warning stated a due process claim. Our attorneys at The Brancato Law Firm defend park, library, and transit trespass cases in Hillsborough, Pinellas, and Pasco Counties; see our Pinellas County criminal defense page for St. Petersburg and Clearwater cases.

Can a trespass charge be dropped if the property owner does not want to prosecute?

The owner’s wishes matter, but the decision to drop a trespass charge belongs to the State Attorney’s Office, not the owner. The Brancato Law Firm contacts the owner or manager when appropriate and presents that position to the prosecutor, which is especially effective through pre-file advocacy before a charge is formally filed.

Will a trespass charge show up on a background check in Florida?

Yes, a trespass arrest appears on a Florida criminal history even if the case is later dropped. When the case ends in a dismissal, a nolle prosequi, or a withhold of adjudication, the person may be eligible to seal or expunge the record under Florida’s eligibility rules, and The Brancato Law Firm builds that goal into how we resolve the case.

How much does a trespass lawyer cost in Tampa?

The cost of a trespass lawyer in Tampa depends on whether the charge is a misdemeanor or a felony, whether other charges were filed with it, and whether the case goes to trial. The Brancato Law Firm offers a free, confidential consultation and quotes a fee after reviewing the charging document and the warning evidence. Call (813) 727-7159.

Talk to a Tampa Trespass Defense Attorney

Every trespass case has a short window to save the evidence that wins it: the video, the sign, and the name of the person who gave the warning. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before your first court date, and our attorneys will start by identifying who gave the warning and whether that person had the authority to give it. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were arrested for burglary in Hillsborough County, the case against you probably rests less on what was taken than on what the State says you intended when you walked in. My name is Rocky Brancato. Before I founded The Brancato Law Firm, P.A., a Tampa criminal defense firm, I served in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, and I have spent more than 25 years in Hillsborough County courtrooms. Our attorneys defend burglary charges of every degree in Hillsborough, Pinellas, and Pasco Counties, from car burglaries to armed burglary of a dwelling, and we start with the intent evidence and the exact place the State says you entered.

What does the State have to prove in a Florida burglary case?

The State must prove that you entered or remained in a dwelling, structure, or conveyance with the intent to commit an offense inside. For offenses after July 1, 2001, section 810.02(1)(b), Florida Statutes, defines burglary two ways:

1. Entering “a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.”
2. Remaining in a dwelling, structure, or conveyance, even after a licensed or invited entry, “a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or c. To commit or attempt to commit a forcible felony.”

The three “remaining in” theories have a history. In Delgado v. State, 776 So. 2d 233 (Fla. 2000), the Florida Supreme Court held that after a consensual entry, “remaining in” covered only surreptitious remaining. The Legislature responded with the current text for offenses after July 1, 2001. So when a case begins with an invitation, such as a guest, a contractor, or a former partner, our attorneys ask which of the three theories the State is using and whether it can prove it. Our Hillsborough County criminal defense attorney team builds the defense around that answer.

What counts as a dwelling, structure, or conveyance?

Each term has a statutory definition, and the definition often decides the degree. Under section 810.011, Florida Statutes:

The statute does not define curtilage, and the courts require an enclosure. In State v. Hamilton, 660 So. 2d 1038 (Fla. 1995), two men took outboard motors from a boat in a backyard bordered only by “several unevenly spaced trees,” and the homeowner shot one of them. The Florida Supreme Court held that the burglary statute carries forward “the common law requirement of some form of an enclosure in order for the area surrounding a residence to be considered part of the ‘curtilage.'” The burglary charge, and the felony murder charge built on it, could not stand.

A porch is different, because the statute names it. In Sublett v. State, 403 So. 3d 239 (Fla. 4th DCA 2025), a homeowner entered the screened porch she rented month to month to a tenant, who had told her repeatedly to “stay out,” and took part of the tenant’s medical marijuana. The Fourth District held the porch was a dwelling and that the tenant’s occupancy was “possession which is rightful as against the burglar,” so owning the house did not authorize the entry. Our post on whether a porch is a dwelling under Florida burglary law covers the porch cases in more detail.

What are the penalties for burglary in Florida?

The degree depends on what kind of place was entered, whether anyone was inside, and whether there was a weapon, an assault, or damage. The table reflects section 810.02 as it reads in 2026; the text has not changed since 2021.

Firearms add a mandatory minimum. Burglary is on the 10-20-Life list in section 775.087(2)(a), Florida Statutes, so actual possession of a firearm during a burglary carries a 10-year minimum, except burglary of a conveyance, which carries 3 years. Our guide to Florida’s 10-20-Life law explains the higher tiers. The Brancato Law Firm checks every fact the State uses to move a case up the table, because the difference between “occupied” and “unoccupied,” or a dwelling and a structure, can be 10 years of exposure.

What happens if a burglary happens during a state of emergency?

The charge goes up one degree if the burglary was made easier by the emergency. Under the closing paragraphs of section 810.02(3) and (4), a burglary committed during a riot, or in a county under a state of emergency declared by the Governor, is raised one degree when “the perpetration of the burglary is facilitated by conditions arising from the emergency.” Those conditions are “civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.” A second-degree burglary becomes a first-degree felony, and a third-degree burglary becomes a second-degree felony.

The same paragraphs add a release rule: a person arrested for a burglary under these conditions “may not be released until the person appears before a committing magistrate at a first appearance hearing.” During a Governor-declared emergency, such as a hurricane, section 810.011 also treats the remnants of a damaged building in the covered area as a structure or dwelling “regardless of absence of a wall or roof.” Our attorneys at The Brancato Law Firm make the State prove the link between the emergency and the alleged burglary, which the statute requires and arrest reports often skip.

How do you fight a burglary charge in Florida?

You fight a burglary charge by attacking the element the State proves least directly, which is usually intent. These are the defenses our attorneys raise most often:

1. No intent at the time of entry. In C.G. v. State, No. 3D24-1813 (Fla. 3d DCA Aug. 27, 2025), a juvenile case, the Third District held that “the State must establish the juvenile’s intent to commit an offense at the time he enters,” and reversed because “the State did not present evidence of intent to commit an offense therein when C.G. entered the yard.” The burglary was reduced to simple battery. A crime committed after an entry does not, by itself, prove the person entered intending it.
2. The entry was not stealthy. The State often relies on the inference in section 810.07, Florida Statutes: entry “stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.” In Lanzo v. State, 73 So. 3d 817 (Fla. 5th DCA 2011), the defendant was seen “at the open garage door of a house on a residential street during daylight hours and in full view of any passerby,” then walked away and spoke with the homeowner and police. The Fifth District held that “stealthily” means “surreptitious, furtive, or sly,” that the jury should not have heard the instruction, and ordered a new trial. An entry through an open door in daylight may not be stealthy.
3. The place was open, or you were invited. The statute excludes premises “open to the public” and entries where “the defendant is licensed or invited to enter.” The State must then prove one of the three remaining-in theories.
4. The place does not qualify. An unenclosed yard is not curtilage under Hamilton. If the State cannot prove a roof, an enclosure, or that a vehicle was a conveyance, the burglary charge fails or drops a degree.
5. The State has the wrong person. Video, fingerprints, and phone location records must connect the client to the entry itself, not just to the neighborhood or to property found later.

Companion counts need their own proof. In Russell v. State, No. 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026), a Tampa case, a homeowner found two strange bicycles at his back gate, and Tampa police called out Russell and a codefendant carrying watches, cameras, and other items. The appellate court left the burglary conviction in place (it was not challenged) and reversed the grand theft count because there was no testimony about depreciation or fair market value, reducing it to second-degree petit theft. Our guide on how to fight a theft charge in Florida explains how value is proven.

Is trespass a lesser charge than burglary?

Yes. Trespass is the most common lesser offense in a burglary case, and it is usually a misdemeanor. The difference is intent: trespass needs only an unauthorized entry or refusal to leave, while burglary requires intent to commit an offense inside.

The unenclosed yard is trespass territory. Section 810.09 covers entering “the unenclosed curtilage of a dwelling” with intent to commit an offense there. Florida also added a new trespass felony in 2025: chapter 2025-30, Laws of Florida, created section 810.09(2)(k), which makes it a third-degree felony to trespass on an area secured by law enforcement and posted as a designated restricted site. Our post on trespass in Florida covers those charges, and The Brancato Law Firm often argues for trespass as the right outcome when intent cannot be proven.

How common are burglary arrests in Hillsborough County?

Common, though less so than a decade ago. In 2025, Hillsborough County recorded 1,889 burglary arrests, according to FDLE arrest data published by Florida Health CHARTS, down from 2,531 in 2016, a 25.4% drop. Florida recorded 19,967 burglary arrests in 2025. Hillsborough’s 2025 arrest rate was 119.9 per 100,000 residents, compared with 85.4 per 100,000 for Florida as a whole. These figures count arrest events, not reported burglaries.

Many burglary accusations involve people who know each other. A Bureau of Justice Statistics report by Shannan Catalano, Victimization During Household Burglary (2010), found that about 7% of household burglaries from 2003 to 2007 involved violence, and in those violent burglaries the victim knew the offender 65% of the time. When the accused and the accuser have a history, consent, invitation, and withdrawn permission become the center of the case, and our attorneys at The Brancato Law Firm gather the texts and witnesses that show it.

What happens after a burglary arrest in Hillsborough County?

A person arrested for burglary in Hillsborough County sees a judge at first appearance within 24 hours, usually at the Orient Road Jail. Burglary is on the list of charges that require a first appearance before release, and burglary of a dwelling is a “dangerous crime,” so the judge cannot grant nonmonetary release at that hearing. The State Attorney’s Office for the 13th Judicial Circuit then decides what to file in the charging information, and that decision is the first chance to move the case from burglary to trespass.

Take four steps after a burglary arrest:

1. Say nothing about why you were there. Intent is the State’s hardest element, and a casual explanation can supply it.
2. Preserve your own evidence. Texts showing an invitation, a key, a lease, or a work order can defeat the case.
3. Identify video now. Doorbell, neighborhood, and business cameras often overwrite in days.
4. Get a lawyer involved before the filing decision. Our attorneys contact the prosecutor with the facts that support a lesser charge or no charge.

Frequently asked questions about burglary charges in Florida

Can burglary charges be dropped in Florida?

Yes. Burglary charges can be dropped or reduced to trespass when the State cannot prove intent at entry, when the place does not qualify, or when an invitation or consent defeats the entry element. The Brancato Law Firm presents those facts to the State Attorney’s Office before the filing decision whenever possible.

Is entering a fenced backyard burglary in Florida?

It can be. An enclosed yard is curtilage, so entering it with intent to commit an offense can be charged as burglary of the dwelling, while an unenclosed yard is not curtilage under State v. Hamilton. Our attorneys at The Brancato Law Firm look at photos and surveys of the fence line, because a gap or missing enclosure can change the charge.

Can you be charged with burglary of your own home in Florida?

Yes, if someone else has the right to occupy it. In Sublett, a homeowner was convicted of burglary for entering the porch she rented to a tenant, and The Brancato Law Firm reviews leases and landlord-entry rights in these cases, as our porch burglary post explains.

Is breaking into a car a felony in Florida?

Yes. Burglary of an unoccupied conveyance is a third-degree felony, and burglary of a conveyance with a person inside is a second-degree felony. The Brancato Law Firm checks whether the State can prove entry and intent, keeping in mind that under section 810.011(3) “to enter a conveyance” includes taking apart any portion of it, as described on our Hillsborough County criminal defense page.

What is the difference between burglary and trespass in Florida?

Burglary requires intent to commit an offense inside, and trespass does not. Our attorneys at The Brancato Law Firm often negotiate or try burglary cases toward trespass, which our trespass guide covers in full.

Should I talk to a detective who wants to ask about a burglary?

No, not without a lawyer, because intent is usually proven from the accused person’s own words and an interview can create the evidence the State lacks. The Brancato Law Firm provides pre-file advocacy and can speak with the detective on your behalf.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa violent crimes defense practice.

Talk to our Tampa burglary defense attorneys

Doorbell and neighborhood camera video often disappears within days, and the filing decision can come soon after. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will identify the video, gather the texts and documents that show permission, and press the State on intent before it files. Call (813) 727-7159 for a free, confidential consultation, and call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

To convict someone of identity theft under Florida’s main statute, a prosecutor must prove more than that another person’s card number or Social Security number turned up in a phone or wallet. The State must prove the use, or the intended use, was willful, fraudulent, and without consent, and the heaviest penalties depend on numbers a jury has to find. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend identity theft, unlawful possession of personal identification information, and related fraud charges in Hillsborough, Pinellas, and Pasco Counties, often while the case is still an investigation.

What does the State have to prove in a Florida identity theft case?

The State must prove that you used, or possessed with intent to use, another person’s identifying information fraudulently, willfully, without authorization, and without consent. Under section 817.568(2)(a), Florida Statutes, a person commits the offense if he or she “willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning another person without first obtaining that person’s consent.”

The definition of personal identification information is broad. It means “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,” including a name, address, phone number, Social Security number, date of birth, driver license number, bank account, credit or debit card number, PIN, biometric data, and medical records. “Authorization” means “empowerment, permission, or competence to act.” Each element is a separate fight, and our Tampa white collar crime attorney team tests them one at a time.

What are the penalties for identity theft in Florida?

The degree depends on the dollar amount involved or the number of people whose information was used. Section 817.568(2) sets this ladder:

The maximums come from section 775.082, Florida Statutes. The dollar amount can be “the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated.” Under subsection (3), if a mandatory minimum is longer than the maximum the law otherwise allows, “the mandatory minimum sentence must be imposed.” The statute’s text has not changed since 2021. Our post on felony degrees in Florida explains how these levels interact with the sentencing scoresheet.

Do the mandatory minimums apply if I only possessed the information?

No. The 3-, 5-, and 10-year minimums in section 817.568(2)(b) and (2)(c) apply only when the person “fraudulently uses” the information. Possession with intent to use stays at subsection (2)(a), a third-degree felony with no minimum. That one word, uses, is often the most important line in the case.

When the minimum applies, the judge cannot skip it. In State v. Barnhart, 310 So. 3d 132 (Fla. 1st DCA 2020), a Leon County jury found fraud of $5,000 or more, and the trial judge held the three-year minimum “in abeyance.” The First District reversed: “As the Legislature has prescribed a three-year mandatory minimum, the trial court had no authority to do otherwise.”

The State must also charge the threshold and prove it to the jury. In Roodbergen v. State, No. 2D19-3250 (Fla. 2d DCA Nov. 5, 2021), a Manatee County case involving a victim 60 or older, the Second District held the three-year minimum applied “because the information charged and the jury, by special verdict, specifically found beyond a reasonable doubt that both of those counts involved a pecuniary benefit of $5,000 or more.” The Second District hears appeals from Hillsborough, Pinellas, and Pasco Counties. Our attorneys at The Brancato Law Firm read the charging document and the proposed verdict form for exactly this point, because a dollar figure the jury never found cannot support a minimum.

Subsection (13) gives the prosecutor one more tool: the State may move to “reduce or suspend the sentence” of a person who provides “substantial assistance,” and the motion may be heard in camera.

Which victims make identity theft a more serious charge?

Several victim categories and methods create separate second-degree felonies or raise the degree. Section 817.568 lists them in separate subsections:

The statute states no mandatory minimum for subsections (6), (7), and (11). In Roodbergen, the Second District expressly left open whether (2)(b) and (6) “prescribe separate enhancements or separate offenses.” The Brancato Law Firm checks which subsection the State actually charged, because the wrong one changes the sentencing range.

What is unlawful possession of personal identification information?

It is a separate, lesser crime that requires no intent to defraud. Section 817.5685, Florida Statutes, makes it unlawful “to intentionally or knowingly possess, without authorization, the personal identification information of another person in any form, including, but not limited to, mail, physical documents, identification cards, or information stored in digital form.” This is often the charge when someone is found holding other people’s cards or mail.

The number of people decides the degree. Possessing the information of “four or fewer persons” is a first-degree misdemeanor. Five or more is a third-degree felony, and possession of five or more people’s information, “unless satisfactorily explained, gives rise to an inference” that it was knowing and unauthorized. The statute gives two affirmative defenses: a “reasonable belief that such possession was authorized by law or by the consent of the other person,” and information obtained from a source “open or available to the general public or from a public record.” Parents, guardians, government employees, and lawful businesses acting in the ordinary course are excluded.

Juries return this lesser charge. In King v. State, No. 4D2024-1060 (Fla. 4th DCA Oct. 29, 2025), a Broward jury convicted on the misdemeanor possession lesser, finding information of “at most, two individuals,” yet the trial court imposed 3 years in prison and 2 years of probation. The State conceded he “was adjudicated guilty and sentenced under the wrong statute,” and the Fourth District reversed for resentencing. Our attorneys at The Brancato Law Firm count the victims the State can actually prove, because that count sets the ceiling.

Can the State charge one act as several counts?

Not if the counts rest on a single act. In Fravel v. State, 188 So. 3d 969 (Fla. 4th DCA 2016), the Fourth District held that “section 817.568(2)(a) is a lesser included offense, which would be subsumed by the greater offense of section 817.568(2)(b) if they were directed at a single act.” The two counts in that case survived only because the State proved “two distinct acts,” opening a Chase card and a Capital One card, and tied each count to one account.

Identity theft cases can be charged with many counts drawn from one bank statement. The Brancato Law Firm makes the State identify the specific act behind each count, and counts that duplicate one act can be challenged. Our post on how criminal charges are dropped or dismissed in Florida explains the motion practice.

What costs come with an identity theft conviction?

A plea or verdict brings a $1,001 surcharge that the judge cannot waive. Under section 817.568(12), the surcharge applies “regardless of adjudication,” so it attaches even with a withhold of adjudication. Restitution can include “attorney’s fees incurred by the victim in clearing the victim’s credit history or credit rating,” and the court may order public records corrected.

Those costs sit on top of any restitution for the money itself. Our attorneys at The Brancato Law Firm look at the restitution figure as closely as the criminal charge, because the same dollar amount often drives both.

Where is an identity theft case prosecuted?

It can be prosecuted in any county where an element of the offense happened, including the county where the victim generally resides. For the consent element, section 817.568 presumes the place of consent is the county “where the victim generally resides.” A person who never set foot in Hillsborough County can be charged there if the victim lives there.

In Hillsborough County, felony charges are filed by the State Attorney’s Office for the 13th Judicial Circuit, and an arrest means a first appearance within 24 hours, usually from the Orient Road Jail. Our firm defends these cases in Hillsborough, Pinellas, and Pasco Counties, and our Hillsborough County criminal defense attorney page explains the local court process.

How common is identity theft in Florida?

Florida leads the country in identity theft reports per person. In 2024, Florida consumers filed 115,840 identity theft reports with the Federal Trade Commission, or 528 per 100,000 residents, ranking Florida 1st among the states, according to the FTC’s Consumer Sentinel Network Data Book 2024. Nationally, the FTC received 1,135,291 identity theft reports in 2024. These are consumer reports to the FTC, not arrests or proven crimes.

Most victims never call the police. The Bureau of Justice Statistics report Victims of Identity Theft, 2021 (released 2023) estimated that about 23.9 million people age 16 or older experienced identity theft in the prior 12 months, and only about 7% of victims reported it to police. Because so few victims report, the cases that do reach police can begin with a bank’s fraud department or a personal dispute, and our attorneys at The Brancato Law Firm look closely at who reported it and why.

How do our attorneys fight an identity theft charge?

We start with consent and authorization, then make the State prove every number. Our attorneys work through six questions:

1. Was there consent or authorization? A spouse, roommate, employee, or business partner who had permission to use an account was not acting without consent, and a later falling-out does not change what was agreed at the time.
2. Who actually used the information? Shared devices, shared accounts, and shared addresses make the identity of the user a real question. Login records, IP addresses, store video, and delivery records must point to the client.
3. Was the information used or only possessed? Possession with intent is a third-degree felony with no minimum.
4. Can the State prove the amount and the victim count? The 3-, 5-, and 10-year minimums require proof of the threshold to the jury, as Roodbergen holds.
5. Do the counts duplicate one act? Under Fravel, one act cannot support stacked counts.
6. Does a section 817.5685 defense apply? A reasonable belief in consent, or information taken from a public source, is an affirmative defense to the possession charge.

Related charges often travel with identity theft, including grand theft and scheme to defraud. Our guide on how to fight a theft charge in Florida covers how value is proven in those counts.

What should you do if you are under investigation for identity theft?

Stop talking and get a lawyer involved before the State files charges. Identity theft cases are often built from bank records, subpoenas, and interviews over weeks or months, and the investigation is the best time to correct a mistaken assumption about consent or who used an account.

1. Do not explain the transactions to a detective or bank investigator. A statement about permission can be turned into an admission of use.
2. Do not contact the alleged victim. Messages about money or permission become evidence.
3. Save your own records. Texts granting permission, shared account details, and work authorizations can prove consent.
4. Ask about pre-file representation. Our firm’s pre-file advocacy puts the defense’s evidence in front of the prosecutor before the filing decision.

If an arrest has already happened, our guide on what to do after being arrested in Tampa covers the first steps.

Frequently asked questions about identity theft charges in Florida

Can identity theft charges be dropped in Florida?

Yes. Identity theft charges can be dropped or reduced when the evidence shows consent, when the State cannot prove who used the information, or when the dollar amount or victim count falls below a threshold. The Brancato Law Firm brings those records to the prosecutor early, and our post on getting charges dropped or dismissed in Florida explains the process.

Is having someone else’s credit card numbers a crime in Florida?

It can be, even without any use. Under section 817.5685, knowingly possessing another person’s card or account number without authorization is a first-degree misdemeanor for four or fewer people and a third-degree felony for five or more, and The Brancato Law Firm looks first at the statute’s defenses for consent and public sources.

Is there a mandatory minimum sentence for identity theft in Florida?

Only at the higher tiers. Fraudulent use of $5,000 or more, or of 10 or more people’s information, carries a 3-year minimum, rising to 5 and 10 years at $50,000 and $100,000 or 20 and 30 people. Our attorneys at The Brancato Law Firm challenge the amount and the count, as described on our Tampa white collar crime defense page.

What if the person gave me permission to use their information?

Then it is not identity theft under section 817.568, which requires use “without first obtaining that person’s consent.” The Brancato Law Firm gathers the texts, emails, and account records that show permission, because the alleged victim’s memory of the arrangement often changes after a falling-out.

Can a parent be charged with identity theft for using a child’s information in Florida?

Yes. Under section 817.568(7), a parent, legal guardian, or person exercising custodial authority over someone under 18 or 60 or older who willfully and fraudulently uses that person’s information commits a second-degree felony. Our attorneys at The Brancato Law Firm examine whether the use was authorized for the family member’s benefit, and our Tampa white collar crime lawyer page covers related fraud charges.

What should I do if a bank or detective contacts me about identity theft?

Do not give a statement until you have spoken with a lawyer. The Brancato Law Firm provides representation before charges are filed and can respond to the investigator for you.

Call before the investigation becomes a charge

Account logs, login records, and store video are kept for limited periods, and an identity theft investigation can run for months before an arrest. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will collect the records that show consent, test who used the information, and speak with the investigator or prosecutor before the filing decision. Call (813) 727-7159 for a free, confidential consultation; you can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa White Collar Crime Attorney page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If you were arrested at a store, accused by an employer, or charged after a dispute over property, the charge on the paperwork is only the State’s opening number. The real case is about intent and value, and both can be challenged. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have spent more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict. Our attorneys defend petit theft, retail theft, and grand theft charges across Hillsborough, Pinellas, and Pasco Counties.

This guide covers what the State must prove, the penalty thresholds, the 2024 changes, how value is proven and challenged, retail theft and civil demand letters, and the diversion programs available in Hillsborough County.

What does the State have to prove in a Florida theft case?

The State must prove that you knowingly obtained or used someone else’s property with intent to deprive the owner of it. Under section 812.014, Florida Statutes, “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.”

Three elements are usually in play: that the property belonged to someone else, that you knew it, and that you intended to deprive the owner. A self-checkout mistake, a borrowed item, or a dispute between business partners can each defeat intent. Our attorneys at The Brancato Law Firm look for the innocent explanation first, because it is often the true one.

What are the penalties for theft in Florida?

The value of the property decides the degree. The table below reflects section 812.014 as it reads in 2026.

The maximums come from section 775.082, Florida Statutes and section 775.083, Florida Statutes. Certain property is grand theft at any value, including a firearm, a motor vehicle, a will, a stop sign, and any amount of a controlled substance. Our Hillsborough County criminal defense attorney team checks whether the State charged the right tier before anything else.

What changed in Florida theft law in 2024?

Florida’s 2024 theft law, chapter 2024-69, Laws of Florida, took effect October 1, 2024 and made three changes that still apply in 2026:

1. Theft from a home. Taking $40 or more from a dwelling or its unenclosed curtilage is now a third-degree felony. The old threshold was $100. Theft of less than $40 from a dwelling is a first-degree misdemeanor.
2. Porch theft. Theft from more than 20 dwellings is a second-degree felony.
3. Retail theft. The window for adding up retail thefts grew from 30 days to 120 days, and organizing a theft through social media with five or more people became a second-degree felony.

No later amendment has changed section 812.014. Our attorneys at The Brancato Law Firm check the date of the alleged theft, because a case from before October 1, 2024 is governed by the older thresholds.

How does the State prove the value of stolen property?

With evidence of fair market value at the time of the theft. Section 812.012(10), Florida Statutes defines value as “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 no minimum value can be proven, “the value is an amount less than $100.”

The leading case is Negron v. State, 306 So. 2d 104 (Fla. 1974), where the Florida Supreme Court held that value “must be established by the State beyond and to the exclusion of every reasonable doubt,” and that “testimony as to the cost of stolen property is insufficient in itself to establish the value.” The Court listed four factors: original market cost, how the property was used, its condition, and “the percentage of depreciation.”

The Second District applied Negron to a Hillsborough County case this year. In Russell v. State, No. 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026), the owner testified to purchase prices, dates, use, and condition, “But there was no testimony about the percentage of depreciation or fair market value of the items.” The court reduced the conviction to second-degree petit theft. In T.V.U. v. State, 403 So. 3d 389 (Fla. 2d DCA 2025), a Pinellas case, the court reversed a theft finding because the only evidence of the amount came from a computer printout that was never admitted into evidence. These are the details our attorneys at The Brancato Law Firm press in every grand theft case. Our post on how the State proves value in a Florida grand theft case goes deeper.

Is a good-faith belief that the property was yours a defense?

Yes. Florida courts recognize a claim of right. In Owens v. State, 866 So. 2d 129 (Fla. 5th DCA 2004), the Fifth District quoted the rule that “In all cases where one in good faith takes another’s property under claim of title in himself, he is exempt from the charge of larceny, however puerile or mistaken the claim may in fact be…. Still, if the claim is dishonest, a mere pretense, it will not protect the taker.” The court found trial counsel ineffective for failing to properly request the instruction.

The claim must be honest, not reasonable. Disputes over a car bought for scrap, tools left at a job site, or money owed between partners often fit this defense. In one of our cases, a client accused of stealing a car he had bought for scrap was found not guilty after we showed the jury he purchased it legitimately.

What inferences can the State use in a theft case?

Two statutory inferences come up often. Under section 812.022, Florida Statutes, “proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.” A purchase or sale “at a price substantially below the fair market value, unless satisfactorily explained,” creates the same inference.

The words “unless satisfactorily explained” are the defense. A receipt, a seller’s name, a text message, or a believable account of how the item was acquired can answer the inference. When the State charges both theft and dealing in stolen property, section 812.025, Florida Statutes allows a guilty verdict on one or the other, “but not both.”

What is retail theft, and what is a civil demand letter?

Retail theft is shoplifting. Section 812.015, Florida Statutes covers taking merchandise, changing a price tag, switching containers, or removing a cart “with intent to deprive the merchant of possession, use, benefit, or full retail value.” A merchant with probable cause may detain a suspect “in a reasonable manner for a reasonable length of time” and must call police. Resisting a merchant’s effort to recover property is a separate first-degree misdemeanor. Retail thefts totaling $750 or more within 120 days can be charged together as a third-degree felony.

The civil demand letter is separate from the criminal case. Under section 772.11, Florida Statutes, a store may demand $200 or three times its actual damages before filing a civil suit, and a person who pays within 30 days receives a written release from further civil liability for that act. Paying the demand does not resolve the criminal charge, and the statute does not require a criminal conviction. Talk to a lawyer before responding.

One persistent myth is worth correcting. Since October 1, 2019, Florida law no longer allows a court to suspend an adult’s driver license for a petit theft conviction. Section 812.0155, Florida Statutes now applies only to people under 18, as an alternative sentence. The one exception for adults is theft of gasoline by driving off without paying, which still carries a mandatory license suspension under section 812.014(5).

How common are theft arrests in Hillsborough County?

Less common than they were a decade ago. FDLE arrest data published by Florida Health CHARTS show 3,395 larceny arrests in Hillsborough County in 2025, down from 6,358 in 2016, a 47% drop. Statewide, Florida recorded 48,932 larceny arrests in 2025. These counts include only physical arrests, so many petit theft cases handled by a notice to appear are not in them.

Retailers report a different trend. The National Retail Federation, an industry group, reported in The Impact of Retail Theft & Violence 2024 that average shoplifting incidents among surveyed retailers rose 93% from 2019 to 2023. The Council on Criminal Justice reported in its Crime Trends in U.S. Cities: Year-End 2025 Update that reported shoplifting was 10% lower in 2025 than in 2024 across the cities it tracks.

Can theft charges be dropped or reduced in Florida?

Yes. The most common paths are a value challenge that moves the case below a felony threshold, an intent defense, a suppression issue, pre-file advocacy before charges are filed, and diversion for first-time offenders. The Hillsborough State Attorney’s Office lists an Adult Pre-Arrest Diversion Program (APAD) for “an eligible misdemeanor offense” and a Misdemeanor Intervention Program (MIP) for first-time offenders on its programs page. The office does not publish a list of eligible charges, but in our experience first-time petit theft cases are often considered.

Research supports diversion for low-level cases. A study in the Quarterly Journal of Economics by Agan, Doleac, and Harvey, Misdemeanor Prosecution (2023), found that not prosecuting a marginal nonviolent misdemeanor defendant reduced the likelihood of a new criminal complaint within two years by 53%, with the largest effects for people with no prior record.

Some theft cases are also charged too high. A struggle with a loss prevention officer can be charged as robbery under section 812.13, which requires force during the taking. When the force happened only during the merchant’s effort to recover the goods, the robbery charge may not hold.

Real results in theft cases

Past results do not guarantee future outcomes. More results are on our case results page.

What should you do after a theft or shoplifting arrest?

Take four steps:

1. Do not make statements. Loss prevention officers and police often ask about other incidents; say you want a lawyer.
2. Do not sign anything at the store, including admissions or payment agreements.
3. Preserve your evidence. Receipts, bank records, texts, and your own photos can prove ownership or purchase.
4. Call a lawyer before the first court date. Diversion and pre-file options close quickly, and surveillance video is often overwritten.

For related charges, see our guides on robbery in Florida, burglary in Florida, and dealing in stolen property.

Frequently asked questions about theft charges in Florida

Can theft charges be dropped in Florida?

Yes. Theft charges can be dropped when the State cannot prove intent or value, when evidence is suppressed, or after completion of a diversion program. The Brancato Law Firm contacts the prosecutor early, often before the case is formally filed, with the receipts, video, or witness statements that change the picture.

Is shoplifting a felony in Florida?

Usually not. A single shoplifting incident under $750 is a misdemeanor, but it becomes a felony when the value is $750 or more, when thefts within 120 days are added together, or when the person has two or more prior theft convictions. Our attorneys at The Brancato Law Firm check every prior and every aggregation the State relies on, as explained on our Hillsborough County criminal defense page.

Do I have to pay a civil demand letter after shoplifting in Florida?

You are not required to pay it to resolve the criminal case, and paying does not make the charge go away. Section 772.11 lets the store demand $200 or triple damages before suing, and The Brancato Law Firm reviews the letter with you before you respond.

Will a petit theft suspend my driver license in Florida?

Not for an adult, except for a gas drive-off. Since October 1, 2019, section 812.0155 allows a license suspension for theft only for people under 18, and our attorneys at The Brancato Law Firm explain how the rule applies to your record.

Can a first-time petit theft charge be resolved without a conviction?

Often, yes. Hillsborough County’s diversion programs, including APAD and the Misdemeanor Intervention Program, can end in no charges or a dismissal with State Attorney approval. The Brancato Law Firm negotiates entry and makes sure the dismissal happens, and you can learn about representation before charges are filed.

What if I forgot to scan an item at self-checkout?

Then the State may not be able to prove intent, which theft requires. Our attorneys at The Brancato Law Firm gather the receipt, the transaction record, and the store video to show what really happened.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa white collar crime defense practice.

Talk to our Tampa theft defense attorneys today

Surveillance video and diversion deadlines do not wait for your court date. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will challenge the value, test the intent evidence, and push for diversion or dismissal from the first week. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Tampa Criminal Defense Attorney Rocky Brancato. In more than 25 years defending theft, burglary, and property cases in Hillsborough County courtrooms, I have seen more grand theft convictions undone by the value element than by any other single issue.

A Tampa Theft Case Was Just Reversed Over Proof of Value

On August 28, 2026, Florida’s Second District Court of Appeal threw out a Hillsborough County grand theft conviction because the State never properly proved what the stolen property was worth. The case is Russell v. State, No. 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026), an appeal from a Tampa courtroom.

The facts were about as bad for the defense as theft facts get. A homeowner came home from work to find two strange bicycles at his back gate and heard a commotion in his bedroom. He called 911, Tampa police responded, and the defendant walked out of the house carrying a bag containing the homeowner’s property: six wristwatches, two film cameras, an unopened kitchen knife set, and a men’s hair trimmer. The State charged burglary of an unoccupied dwelling and grand theft from a dwelling, alleging the property was worth $100 or more but less than $750 under the 2022 version of the statute.

At trial, the State tried to prove value through the homeowner’s testimony and photographs of the items. That was the mistake. The victim testified about what he paid for the items — but not about their fair market value at the time of the theft or how much they had depreciated. The Second District held that testimony about the purchase price of stolen items, without testimony about depreciation or fair market value, is legally insufficient to sustain a grand theft conviction. The panel went further, openly stating that “[t]he Florida Supreme Court should reconsider Negron” — the 1974 decision that created this rule — while acknowledging, “That said, we are bound to apply Negron.”

The lesson is the one we build theft defenses around at The Brancato Law Firm: even when the State can prove someone took property, it still has to prove — beyond a reasonable doubt — what that property was actually worth. When it can’t, a felony becomes a misdemeanor.

What Does “Value” Mean Under Florida’s Theft Statute?

Value means the market value of the property at the time and place of the offense — not what the owner paid for it, and not what it would cost new. Section 812.012(10)(a)1, Florida Statutes, defines value as “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.”

Two more parts of the definition matter in real cases. First, if the value of the property cannot be ascertained at all, the statute directs that the trier of fact may find a minimum value — and if no minimum can be established, the value is deemed to be less than $100, which is second-degree petit theft. § 812.012(10)(b), Fla. Stat. Second, the State may aggregate the value of separate property stolen “pursuant to one scheme or course of conduct” to reach a higher threshold. § 812.012(10)(c), Fla. Stat. In our Hillsborough County cases, we scrutinize both: an aggregation theory that doesn’t hold together, or a valuation that can’t actually be ascertained, can drop a felony to a misdemeanor before trial ever starts.

What Are Florida’s Grand Theft Value Thresholds?

Grand theft starts at $750 for most property — but only $40 when the property is taken from a dwelling. The thresholds under Section 812.014, Florida Statutes, determine whether a theft is a misdemeanor or a felony, and what degree:

The Brancato Law Firm, P.A. — Tampa theft defense — (813) 727-7159

Every dollar figure in this table is also a line the State must prove beyond a reasonable doubt. The difference between $749 and $750 is the difference between a misdemeanor and a felony — which is why the value fight matters so much.

Why Isn’t the Purchase Price Enough to Prove Value?

Because what you paid for something is not what it’s worth after you’ve owned and used it. The Florida Supreme Court settled this in Negron v. State, 306 So. 2d 104 (Fla. 1974): “The law in Florida is well settled that testimony as to the cost of stolen property is insufficient in itself to establish the value at the time of the theft.” Negron also confirmed that proof of value “is essential to a conviction for grand larceny and must be established by the State beyond and to the exclusion of every reasonable doubt.”

Florida’s appellate courts have applied that rule for fifty years. Purchase price plus a bare statement that the item “was in working order” is still not enough. K.W. v. State, 983 So. 2d 713, 715 (Fla. 2d DCA 2008). For electronics, the courts are even more skeptical: because televisions, computers, and similar items are “subject to accelerated obsolescence,” purchase price alone is generally insufficient to prove their value — a six-month-old television’s receipt could not sustain a grand theft conviction. Lucky v. State, 25 So. 3d 691 (Fla. 4th DCA 2010). And where goods are stolen from a store, the State cannot rely on wholesale cost; it must show retail prices demonstrating market value and salability near the time of the theft. Negron, 306 So. 2d at 108.

This is where prosecutors get sloppy, and where we do damage. When I cross-examine a victim or a loss-prevention witness on value, I am building the record for a judgment of acquittal on the felony — exactly the motion that won in Russell.

The Four Factors Florida Courts Use to Establish Market Value

When there’s no direct testimony of fair market value, Florida law gives the jury exactly four factors to work with, drawn from Negron and reaffirmed in State v. Hawthorne, 573 So. 2d 330, 332 (Fla. 1991): (1) original market cost; (2) the manner in which the item was used; (3) its general condition and quality; and (4) the percentage of depreciation since purchase.

Here is how each factor plays out — and where The Brancato Law Firm attacks:

If the State’s witness never testifies to depreciation and never gives a fair market value, the four-factor path fails — and with it, the felony.

When Is Purchase Price Alone Actually Enough?

Almost never — the narrow exception is property that is essentially brand new. In K.W. v. State, the Second District affirmed where the evidence showed a cell phone was purchased for $450 only three months before the theft and was in “brand new,” working condition; on those facts, the phone’s value was “so obvious as to defy contradiction” that it met the $100 threshold. 983 So. 2d at 716.

That exception is real, and an honest theft defense accounts for it. But notice how much the State needed even there: price, purchase date, and specific condition testimony — not just a number. Compare Russell, where an unopened kitchen knife set was among the stolen items, and the State still lost the felony because the witness never connected price to value at the time of the theft. In our experience trying theft cases in the 13th Judicial Circuit, prosecutors rarely build that record, because they rarely think about value until the defense makes it the issue.

Who Is Allowed to Testify About the Value of Stolen Property?

An owner is presumed competent to testify about the value of their own property — but mere ownership is not enough. Florida courts apply a two-prong test: first, whether the witness is competent to testify to value, and second, whether the testimony actually proves the property met the statutory threshold at the time of the theft. An owner is presumed competent because an owner “necessarily knows something about the quality, cost, and condition” of their property; but the witness must still have personal knowledge, and their testimony must still add up to market value. Lucky v. State, 25 So. 3d 691, 692–93 (Fla. 4th DCA 2010).

Both prongs are defense opportunities. We depose the State’s value witness before trial, pin down what they actually know — and what they’re guessing at — and use that record twice: once in a motion for judgment of acquittal, and again in closing.

Can a Grand Theft Conviction Be Reduced to Petit Theft?

Yes — when the State fails to prove value, the felony is reversed and the case is remanded for entry of judgment on petit theft, a misdemeanor. That is the standard remedy Florida appellate courts apply, as in Lucky, and it is the practical stake in every value fight: the difference between a felony record with prison exposure and a misdemeanor.

But the better outcome is not needing the appeal. When The Brancato Law Firm handles a grand theft case in Hillsborough, Pinellas, or Pasco County, the value challenge starts before trial: demanding the State’s valuation evidence in discovery, moving to reduce the charge where the proof can’t reach the threshold, and preserving the judgment-of-acquittal argument at trial. A felony reduced to a misdemeanor before filing — through pre-file advocacy with the State Attorney’s Office — never shows up as a felony arrest disposition at all.

What Should You Do in the First 48 Hours After a Theft Arrest in Tampa?

The first 48 hours decide how much of the value fight is still winnable. If you or a family member has been booked at Orient Road or Falkenburg Road Jail on a grand theft or burglary charge, three things matter immediately:

1. Do not discuss the property or its value with anyone. Statements about what items were “worth” — to detectives, in jail calls, or to the alleged victim — become the State’s value evidence.
2. Preserve everything that bears on condition and age. Photographs, receipts, repair records, and listings for comparable used items are exactly the depreciation evidence that decides these cases.
3. Get counsel involved before the State Attorney files. The filing decision in the 13th Judicial Circuit is where a borderline felony becomes a misdemeanor — or doesn’t. I spend that window putting valuation problems in front of the prosecutor, because charges that are filed right are easier to fight and easier to resolve.

Call The Brancato Law Firm at (813) 727-7159 — we answer 24/7.

Frequently Asked Questions About Grand Theft Value in Florida

Is grand theft a felony in Florida?

Yes — every grand theft is a felony. Third-degree grand theft (generally $750 to $19,999, or $40 or more taken from a dwelling) carries up to 5 years; second-degree ($20,000 to $99,999) up to 15 years; first-degree ($100,000 or more) up to 30 years. § 812.014(2), Fla. Stat. We defend these cases throughout Hillsborough, Pinellas, and Pasco Counties.

What is the minimum value for grand theft in Florida?

$750 for most property — but only $40 if the property was taken from a dwelling, and lower thresholds apply to specific items like firearms and motor vehicles regardless of value. § 812.014(2), Fla. Stat. In our Tampa cases, the dwelling provision is the one that surprises people most.

Does the State have to prove what the stolen property was worth?

Yes, beyond a reasonable doubt — value is an element of grand theft, not a detail. Negron v. State, 306 So. 2d 104 (Fla. 1974). In our Hillsborough County theft trials, the State’s value proof is often the weakest part of its case, and we build the defense around it.

Is a receipt or purchase price enough to convict someone of grand theft?

No — testimony about the purchase price alone is legally insufficient to prove value at the time of the theft, as the Second District just reaffirmed in Russell v. State (Aug. 28, 2026). The State must connect price to fair market value through condition, use, and depreciation. We hold prosecutors to every piece of that showing.

Can a grand theft charge be reduced to petit theft?

Yes — when the value evidence can’t support the felony threshold, the charge drops to petit theft, a misdemeanor. That reduction can happen at the filing stage, on a motion at trial, or on appeal. The Brancato Law Firm pushes for it at the earliest stage possible, where it does the most good.

Do I need a lawyer for a grand theft charge in Florida?

Yes — because the line between a felony and a misdemeanor in a theft case is usually a fight over proof, not facts, and it is winnable with the right record. The Brancato Law Firm, P.A. has defended theft and burglary cases in Tampa courtrooms for more than 25 years, including over 150 jury trials. Call (813) 727-7159 for a free, confidential consultation.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

Related reading: What Is Theft in Florida? · What Is Dealing in Stolen Property in Florida? · Is a Porch a Dwelling? Florida Court Clarifies Burglary Law · The Criminal Court Process in Hillsborough County

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa white collar crime defense practice.

Charged With Grand Theft in Tampa Bay? The Value Fight Starts Now

The State’s value evidence gets built in the first weeks after arrest — and so does the record that beats it. If you’re facing a grand theft or burglary charge in Hillsborough, Pinellas, or Pasco County, call Tampa Criminal Defense Attorney Rocky Brancato at The Brancato Law Firm, P.A.: (813) 727-7159. If charges haven’t been filed yet, early action may keep a felony off the table entirely.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. Before private practice I was chief operating officer and chief assistant public defender of the Hillsborough County Public Defender’s Office, supervising more than a hundred attorneys across every division, and criminal mischief was the charge I saw most often turn a person with no record into a convicted felon over a repair invoice. Our attorneys treat every one of these cases as a fight about two things — what you intended, and what the damage was actually worth.

What Does Florida Law Define as Criminal Mischief?

Willfully and maliciously injuring or damaging another person’s property, by any means. Section 806.13(1)(a), Florida Statutes, provides that “a person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.”

Three elements, then: the property belonged to someone else, you damaged it, and you did so willfully and maliciously. The first two are usually not in dispute. Almost every criminal mischief defense lives in the third element and in the dollar figure that sets the penalty.

What Are the Penalties for Criminal Mischief in Florida?

They climb with the repair bill, and the felony threshold is a four-figure number that a single broken windshield or kicked-in door can reach:

Two features of the statute compound the exposure. Amounts of damage to multiple owners in a single scheme or course of conduct can be aggregated to reach the felony threshold, so a night of slashed tires on four cars is charged as one felony rather than four misdemeanors. And juveniles convicted of graffiti face driver license suspension of up to a year, reducible one day for each hour of community service performed.

When Does Criminal Mischief Become a Felony in Florida?

September 2026 update: Damage to a vending machine or parking pay station is one of the most common ways a criminal mischief charge reaches the $1,000 felony line, because the operator’s repair invoice is the State’s proof of value. Our rewritten guide, Is Breaking Into a Vending Machine or Parking Meter a Felony in Florida?, covers the overlap between section 806.13 and the vending machine statute, section 877.08.

Four ways, and only one of them involves a large number:

1. The $1,000 threshold. Damage valued at $1,000 or more. A car door, a storefront window, a security gate, a cell phone thrown against a wall — all routinely clear this line.
2. Interruption of service. Damage that interrupts a business operation or a public communication, transportation, water, gas, or power service, where restoring it costs $1,000 or more.
3. A prior conviction. Any criminal mischief conviction on your record converts a new misdemeanor-level offense into a third-degree felony, regardless of the dollar amount.
4. Protected property. Damage over $200 — not $1,000 — to a place of worship, a religious article, a memorial, or historic property.

The fourth path is the one that surprises clients most. Two hundred dollars of damage to a church sign or a veterans’ memorial is a felony; the same damage to the building next door is a misdemeanor.

Does “Maliciously” Mean I Had to Hate the Owner?

No — and the Fourth District just said so in a case that will be cited in every criminal mischief prosecution in Florida for years. The word “malicious” sounds like it requires spite. Under Florida’s standard jury instruction 12.4, it means something much broader: “wrongfully, intentionally, without legal justification or excuse, and with the knowledge that injury or damage will or may be caused to another person or the property of another person.” Chief Judge Gerber’s opinion in Phang v. State, No. 4D2025-1498 (Fla. 4th DCA Sept. 2, 2026), traced the history: the common-law crime of malicious mischief did require “ill will or hatred toward the owner of the property,” but the statutory crime that replaced it does not. “Without recounting every step in the evolutionary process,” the opinion explained, quoting the Fifth District, “suffice it to say that the malice requirement morphed from inclusion of ill will or hatred toward the owner of the property into a statutory element that specifically requires willful and malicious intent to injure or damage the property of the owner.” (Read the opinion.)

So the question is not whether you were angry at the owner. It is whether you intentionally did something to the property, without justification, knowing that damage “will or may” result. That is a low bar, and Phang shows exactly how low.

What Happened in Phang v. State?

A rideshare driver dropped off a passenger inside a gated community at two in the morning and could not get out. The exit gate would not open. He called the posted assistance number four times over sixteen minutes; no one answered. He did not call the police non-emergency line. Instead, in Chief Judge Gerber’s words, he “literally took matters into his own hands”: he got out and pushed and pulled the entrance gate for about twenty-four seconds, then turned to the exit gate and “leaned heavily into the exit gate with great force, causing it to bend.” The gate was designed to roll sideways on a track, not to be pushed forward against the asphalt. He broke a gate post and bent the gate, squeezed his car through, and left. The community spent $1,360 on repairs — $360 over the felony line.

The community manager reviewed the video and tried to bill the rideshare company, which required a police report. Police traced the car to the driver’s apartment, where he denied his identity and denied owning the car shown in the video — even though that car was parked outside his apartment. He was charged with felony criminal mischief, went to trial, and was convicted. The Fourth District affirmed per curiam. Chief Judge Gerber wrote separately to explain why.

His opinion rejected the driver’s argument that because he intended only to leave, not to damage anything, the act was neither wrongful nor intentional. The security video, the court said, let the jury conclude “a reasonable person in Paul’s position would have known that pushing the gate with such great force in a direction for which the gate was not designed would damage the gate.” As for “legal justification or excuse,” the driver “could have attempted to contact the local police’s non-emergency number for assistance rather than attempting to open the gate himself. Or at worst, when Paul realized the gate was putting up a fight against being opened manually, and was likely to break upon further force being applied, Paul could have stopped.” The court added that it did “not mean to minimize the frustrating circumstances” — “Many drivers have experienced the frustration of encountering an unmanned malfunctioning exit gate … That frustration can seem intolerable when occurring at two o’clock in the morning” — but frustration is not a legal excuse.

Then came the passage that every client charged with criminal mischief should read. The driver, Chief Judge Gerber observed, “did not improve his fate by denying any involvement, much less his identity, when the police arrived at his apartment,” and “also did not improve his fate by rejecting the state’s reasonable offer to accept a withhold of adjudication to a misdemeanor charge and pay restitution to the community for damaging the gate. While some may question the fairness of Paul having a felony conviction on his record, that outcome is beyond our purview.”

How Is the Damage Amount Proved — and Fought?

By the repair invoice, usually — and that is exactly where our attorneys start. The dollar figure in a criminal mischief case is an element the State must prove beyond a reasonable doubt, not a number it gets to assert. In Phang the difference between a misdemeanor and a felony was $360 on a gate repair bill that no one appears to have contested. In practice the figure is often soft:

Knock $361 off the Phang invoice and the felony becomes a first-degree misdemeanor. That is not a technicality; it is the element the Legislature chose to make the dividing line, and the State has to prove it. Our approach to proving value in property cases is laid out in more detail in our article on proving value in Florida grand theft cases, and the same principles apply here.

One boundary worth knowing: when the damage is done by fire or explosion to a “structure” — a building, a shed, or any vehicle or vessel — the charge is not criminal mischief but arson under section 806.01, a second-degree felony even for an empty structure and a first-degree felony for a dwelling. Our article on whether arson is a felony in Florida explains where that line falls.

Can You Be Charged for Projecting Images on a Building?

Yes. Section 806.13(7) makes it a first-degree misdemeanor to “knowingly and intentionally display or project, using any medium, an image onto a building, structure, or other property without the written consent of the owner,” and a third-degree felony if the projected image contains a credible threat. No physical damage is required. The provision is aimed at the projection of messages onto stadiums, office towers, and public buildings, and it has been used.

How Do Our Attorneys Fight Criminal Mischief Charges?

By attacking the two elements that actually decide these cases, and by keeping the conviction off the record where a fight is not the best outcome:

1. The intent element, correctly framed. After Phang, “I didn’t mean to break it” is not a defense by itself. “I did not intend to do anything to that property,” or “the damage was accidental,” or “I had a legal right to do what I did” — those are. A tenant removing his own fixtures, a co-owner disposing of jointly owned property, a person defending himself or his own property: the “without legal justification or excuse” clause does real work when the facts support it.
2. The dollar figure. Every estimate, invoice, and owner’s guess is cross-examined. The felony line is $1,000 and the State has to reach it with evidence.
3. Ownership. “Property belonging to another” excludes property you own or co-own. Roommate, spouse, and family disputes over shared property are frequently charged as criminal mischief when they are civil disputes.
4. Identification. Most criminal mischief happens without a witness. Video, as in Phang, is often what the State has — and video that shows an act does not always show who did it.
5. The disposition, when the facts are bad. A withhold of adjudication on a reduced charge with restitution paid is not a loss; in the right case it is the whole point. The driver in Phang was offered exactly that and turned it down. He now has a felony conviction that a court of appeal openly described as arguably unfair and legally unreviewable.

For more about our defense strategies, visit our Hillsborough County criminal defense page.

What Should You Do After a Criminal Mischief Arrest?

Do not talk to the owner, the property manager, or the police about what happened, and do not pay anything yet. Payment is restitution, and restitution is best made as part of a negotiated disposition that buys you something — a reduction, a withhold, a dismissal — rather than as a volunteered admission. Photograph the property yourself if you can do so lawfully, because the condition it was in before and after matters to value. Save every message from the owner, especially any that put a number on the damage; the first number is often the honest one. And if the incident involved a car, a gate, a door, or anything else with a camera pointed at it, assume the video exists and get counsel before you are asked about it.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa violent crimes defense practice.

Frequently Asked Questions About Criminal Mischief in Florida

Is criminal mischief a felony or a misdemeanor in Florida?

Both, depending on the facts. It is a misdemeanor when the damage is under $1,000 and you have no prior criminal mischief conviction, and a third-degree felony when the damage is $1,000 or more, when you have a prior conviction, or when damage over $200 is done to a place of worship, memorial, or historic property.

What if I didn’t mean to damage anything?

After Phang v. State, that is not enough by itself. “Maliciously” means intentionally doing something to the property, without legal justification, knowing that damage “will or may” result. If you meant to do the act and a reasonable person would have known it might cause damage, the State can argue malice. A truly accidental act — one you did not intend at all — is a different matter and a real defense.

Do I have to pay restitution?

If convicted, almost certainly. But restitution is also a negotiating tool: an offer to make the owner whole is often what turns a felony charge into a misdemeanor withhold or a dismissal. The timing and structure of that payment should be handled by counsel, not by you directly.

Can criminal mischief be charged for damaging my own property or property I share?

Not for property you own alone. Shared or jointly owned property is a contested area; the State’s position is that damaging a co-owner’s interest can qualify, and the defense position depends on the facts of ownership and control. These disputes — between spouses, roommates, and family members — are among the most defensible criminal mischief cases we see.

Will a criminal mischief conviction stay on my record?

A conviction is permanent. A withhold of adjudication is not a conviction and may be sealable later, depending on the offense and your history. That distinction is exactly what the driver in Phang gave up when he declined the State’s offer.

Is graffiti treated differently?

Graffiti is criminal mischief under the same statute, graded by the same dollar tiers, with add-ons: mandatory minimum fines of $250, $500, and $1,000 for a first, second, and third conviction, at least 40 hours of community service, and for minors, a driver license suspension of up to one year.

If you or a family member has been charged with criminal mischief anywhere in Tampa Bay, the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — will look at the intent evidence and the repair invoice before anyone talks about a plea. Call (813) 727-7159. The difference between a misdemeanor and a felony is often a few hundred dollars and one decision made too fast.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.