Employee Theft is not a crime specifically enumerated in Florida Statutes. The offense will either be charged as a misdemeanor Petit Theft offense or a felony Grand Theft offense depending on the value of the property taken from the employer. However, unlike a traditional theft offense, Employee Theft offenses typically receive much harsher punishment, even for first-time offenders, as the employee is viewed as having violated a position of trust.

In the State of Florida, crimes involving Employee Theft are governed by Florida Statute 812.014. Here, theft by an employee occurs when:

1. The employee knowingly and unlawfully takes or attempts to take the property of their employer; and
2. The employee does so with the intent to temporarily or permanently deprive the employer of their right to the property, or to appropriate the property to the employee's own use.

Employee Theft Penalties

Penalties for an Employee Theft case will vary widely depending on the level of the offense with which you have been charged with, whether you have prior theft related offenses, and the facts of your case. However, it is not uncommon for Prosecutors to seek jail or even prison time for first-time offenders. The potential penalties for a Employee Theft offense include:

• If the amount taken is less than $300, the offense will be charged as a misdemeanor punishable by up to one-year in the County Jail, one-year probation, and a fine up to $1000;
• If the amount taken is greater than $300 but less than $20,000, the offense will be charged as a third-degree felony punishable by up to five-years in State Prison, five-years probation, and a fine up to $5000;
• If the amount taken is more than $20,000 but less than $100,000, the offense will be charged as a second-degree felony punishable by up to fifteen-years in State Prison, fifteen-years probation, and a fine up to $10,000;
• If the amount taken is more than $100,000, the offense will be charged as a first-degree felony punishable by up to thirty-years in State Prison, thirty-years probation, and a fine up to $15,000.

Beyond the statutory penalties enumerated above, a conviction for an Employee Theft case can also result in loss of your driving privileges and will greatly impact your future employment possibilities.