Retail and Farm Theft
Arrest exception may applyRetail theft, farm theft, transit-fare evasion, antishoplifting-device conduct, and related resistance or coordinated conduct.
Florida Statute
§ 812.015
Retail and farm theft; transit fare evasion; resisting arrest; penalties
Verified against the 2026 Florida Statutes: September 14, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Retail / wholesale theft, farm theft, and transit fare evasion
Required facts
- Probable cause for theft in a retail OR wholesale establishment; OR theft on commercial OR private farm lands of a farmer; OR transit fare evasion.
- Verify the setting and statutory definitions for the selected track.
Limits & qualifications
- §812.015(4) permits an on- or off-premises arrest on probable cause for theft in a retail or wholesale establishment, theft on the specified farm lands, or transit fare evasion.
- Ordinary petit theft outside the covered setting is not automatically included.
Authority
Quick Summary
Identify the exact statutory track, property or merchandise, intent, value, number of locations or persons, device or emergency-exit conduct, and any force used during recovery.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Retail and Farm Theft Tracks
F.S. § 812.015
Classification varies by the specific conduct, value, aggregation, prior history, force, and other facts listed in the statute.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
One statutory conduct track
The defendant committed the selected statutory conduct involving merchandise, farm property, transit service, an antishoplifting device, an emergency exit, or property recovery, with the intent or knowledge required by that track.
Plain language: Select the exact subsection and mental state.
- Element 2Conditional
Classification facts
Any value, number of locations or persons, prior offense, device, force, injury, or coordinated-conduct fact used for classification was established.
Plain language: Capture every fact that changes the charge level.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
Additional Notes
Choose the Exact Track
F.S. § 812.015 covers multiple distinct acts. Do not rely on the page title alone; document merchandise or property, value, intent, locations, participants, devices, exits, force, and priors.