Florida Embezzlement Statute: Penalties, Restitution, and Deadlines

Florida embezzlement penalties run from a second-degree misdemeanor punishable by up to 60 days in jail when the amount taken is under $750, to a first-degree felony carrying up to 30 years in prison when the value reaches $100,000 or more. Florida has no separate embezzlement statute. These cases are charged under the state’s general theft law, and the sentence turns almost entirely on the dollar value of what was taken and, for lower amounts, whether the accused has a prior theft conviction.

How Florida Treats Embezzlement

Florida Statutes Section 812.014 defines theft as knowingly obtaining or using someone else’s property with intent to deprive the owner of it or to benefit a person not entitled to it.¹ A bookkeeper who skims from company accounts and a stranger who lifts a wallet are charged under the same statute. What marks a case as embezzlement is how the accused came to hold the property in the first place: through a position of trust, such as a job, a fiduciary role, or authority over someone else’s accounts.

To convict, the state has to prove the accused had lawful possession because of that role, converted the property to unauthorized use, and intended to deprive the rightful owner. Intent is the element cases usually turn on. The required mental state is the intent to deprive or appropriate, not carelessness or bad record-keeping.²

Misdemeanor Penalties: Petit Theft

When the value taken is less than $750, the offense is petit theft. A defendant with no prior theft conviction faces a second-degree misdemeanor: up to 60 days in jail and a fine of up to $500.³ A prior theft conviction, even a minor one, elevates the charge to a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.¹

A misdemeanor conviction still leaves a permanent theft entry on your record. That matters in any job that involves handling money or exercising trust, where a theft conviction of any degree is rarely overlooked.

Felony Penalties: Grand Theft

Once the value reaches $750, the charge becomes grand theft, a felony. Florida sets three degrees based on value.

Third-degree felony, for values from $750 to under $20,000: up to 5 years in prison and a fine of up to $5,000. The statute breaks this range into sub-tiers ($750–$5,000, $5,000–$10,000, and $10,000–$20,000), but the maximum penalty is the same across all three.¹³
Second-degree felony, for values from $20,000 to under $100,000: up to 15 years in prison and a fine of up to $10,000.¹
First-degree felony, for values of $100,000 or more: up to 30 years in prison and a fine of up to $10,000.¹³

Because each dollar threshold controls the maximum sentence, the disputed amount often becomes the most important number in the case. Moving a proven loss from $20,000 down to just under $20,000, for example, drops the maximum exposure from 15 years to 5.

Courts can also impose probation instead of, or in addition to, prison. For felonies, the default supervision period is up to two years unless the sentencing judge orders longer.⁴ In larger embezzlement cases, judges routinely set probation well beyond that default.

Restitution Is Almost Always Ordered

Florida courts must order restitution in these cases unless there are clear and compelling reasons not to. Section 775.089 requires restitution for damage or loss caused directly or indirectly by the offense, including the property’s value and income the victim lost as a result.⁵ If a judge orders no restitution or only partial restitution, the reasons have to appear on the record.

Restitution becomes a condition of probation. Missing payments can trigger a violation and additional jail time. In business cases, the amount owed can go beyond the raw sum diverted to include audit costs and other financial consequences the victim can document.

Civil Liability on Top of the Criminal Case

A criminal conviction is not the end of the financial exposure. Victims can sue separately under Florida’s civil theft statute. Section 772.11 lets a victim who proves the case by clear and convincing evidence recover three times actual damages, plus reasonable attorney fees and court costs, with a guaranteed minimum recovery of $200.⁶

Before filing, the victim has to send a written demand. If the defendant pays within 30 days of receiving that demand, they get a release from further civil liability for that act. The statute does not permit punitive damages, but the treble-damages provision often produces a comparable result.⁶

How Long Prosecutors Have to File Charges

The filing window depends on the degree. First-degree felony embezzlement ($100,000 or more) has to be charged within four years of the offense. Second- and third-degree felonies carry a three-year period. First-degree misdemeanors run two years; second-degree misdemeanors, one year.⁷

There is a discovery extension that matters in these cases. When fraud or breach of fiduciary duty is a core element of the offense, prosecutors get an additional year from the date the victim or the victim’s legal representative discovers the crime. The total extension cannot push the deadline more than three years past the standard period.⁷ Many embezzlement schemes run for years before an audit or ownership change exposes them, and this rule is what allows charges in those cases.

When the Case Becomes Federal

Embezzlement inside a private Florida company is almost always a state matter. Two situations pull it into federal court, and the ceilings are higher.

If the target is a federally insured bank, credit union, or similar institution, the case falls under 18 U.S.C. § 656. An officer, director, agent, or employee who misappropriates funds faces up to 30 years in federal prison and a fine of up to $1,000,000. When the amount does not exceed $1,000, the maximum drops to one year.⁸

Embezzlement of federal money or property is prosecuted under 18 U.S.C. § 641, carrying up to 10 years in federal prison, or one year if the total across all counts does not exceed $1,000.⁹ A state employee diverting federal grant money can face both state and federal charges for the same conduct.

Professional Licenses and Securities Registration

A conviction reaches beyond the courtroom for anyone holding a professional license. Florida licensing boards can suspend or permanently revoke a license when the holder is convicted of a crime related to their ability to practice, whether or not the court formally adjudicates guilt. Licensees have to report a conviction to their board within 30 days. Boards can also impose administrative fines of up to $10,000 per count, order probation, or require remedial education.¹⁰

For a securities-industry professional, any felony conviction and certain misdemeanor convictions trigger a FINRA statutory disqualification, blocking employment at any FINRA member firm for up to ten years. A firm that wants to keep the person on has to file a special application showing enhanced supervision, and approval is not guaranteed.¹¹

1
The Florida Legislature. Florida Statutes 812.014 – Theft
2
Justia. State v. Dunmann
3
Justia Law. Florida Statutes 775.082
4
The Florida Legislature. Florida Statutes 948.04 – Period of Probation
5
The Florida Legislature. Florida Statutes 775.089 – Restitution
6
Florida Senate. Florida Statutes 772.11 – Civil Remedy for Theft or Exploitation
7
The Florida Legislature. Florida Statutes 775.15 – Time Limitations
8
Office of the Law Revision Counsel. 18 U.S. Code 656
9
Office of the Law Revision Counsel. 18 USC 641
10
The Florida Legislature. Florida Statutes 456.072 – Grounds for Discipline
11
FINRA. General Information on Statutory Disqualification and FINRA’s Eligibility Proceedings