HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 549 Theft
SPONSOR(S): Criminal Justice Subcommittee, Rommel and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1222
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 15 Y, 3 N, As CS Butcher Hall
2) Justice Appropriations Subcommittee 11 Y, 3 N Saag Keith
3) Judiciary Committee 14 Y, 7 N Butcher Kramer
SUMMARY ANALYSIS
Section 812.014, F.S., defines theft offenses and generally categorizes the offense level based on the value of the property
stolen. Whether a theft is a misdemeanor or a felony may also depend on the offender’s prior history of theft convictions, the
circumstances under which the theft occurs, or the type of property stolen. Specifically, s. 812.014(2)(d), F.S., prohibits a person
from stealing property valued at $100 or more, but less than $750, when such property is taken from a dwelling or the
unenclosed curtilage of a dwelling. A violation of the prohibition is a third degree felony and ranked as a Level 2 offense o n the
offense severity ranking chart (OSRC) of the Criminal Punishment Code.
CS/HB 549 amends s. 812.014, F.S., to reduce the threshold value for third degree felony theft from a dwelling or unenclosed
curtilage of a dwelling from $100 or more, but less than $750, to $40 or more, but less than $750. Additionally, the bill creates
new offenses relating to theft from a dwelling or unenclosed curtilage of a dwelling, including: a third degree felony, ranked as a
Level 4 offense, if the property stolen is valued at $750 or more; a second degree felony, ranked as a Level 5 offense, if the
property stolen is taken from more than 20 dwellings or from the unenclosed curtilage of more than 20 dwellings, or any
combination thereof, and; a first degree misdemeanor, if the property stolen is valued at less than $40. If a person having one
prior theft conviction commits the offense, the penalty is enhanced to a third degree felony and ranked as a Level 2 offense. If a
person having two or more prior theft convictions commits the offense, the penalty is enhanced to a third degree felony and
ranked as a Level 4 offense.
In recent years, some retail merchants have experienced an increase in another type of property theft called “smash-and-grab”
theft. In this form of organized retail crime, a group of offenders enter a retail store en masse to overwhelm the merchant’s
employees and steal merchandise. Such offenders have even utilized social media to coordinate this illegal group activity.
CS/HB 549 amends s. 812.015, F.S., to:
 Prohibit a person from acting in concert with five or more other persons within one or more establishments for the
purpose of overwhelming the response of a merchant, merchant's employee, or law enforcement officer in order to carry
out the offense or avoid detection or apprehension for the offense, punishable as a third degree felony.
 Prohibit a person from acting in concert with five or more other persons within one or more establishments for the
purpose of overwhelming the response of a merchant, merchant's employee, or law enforcement officer in order to carry
out the offense or avoid detection or apprehension for the offense and, in the course of organizing or committing the
offense, soliciting the participation of another person in the offense through the use of a social media platform, as
defined in s. 501.2041(1), F.S., punishable as a second degree felony.
 Enhance the criminal penalty to a first degree felony for specified violations of retail theft, when committed by a person
who has two or more prior specified retail theft convictions or who possesses a firearm during the commission of a
specified retail theft offense.
 Revise specified aggregation criteria for retail theft offenses to:
o Increase the period in which the number of thefts or the value of merchandise stolen during individual thefts
may be aggregated to determine the total number of thefts or value of property stolen, from 30 days to 365
days.
o Decrease the number of theft offenses under ss. 812.015(8)(f) and 812.015(9)(d), F.S., where an offender
must commit a certain aggregate number of thefts within a specified timeframe and obtain a specified number
of items of merchandise, from five thefts to three thefts.
The Criminal Justice Impact Conference reviewed the bill on February 12, 2024, and determined that the bill may have a positi ve
significant prison bed impact. See Fiscal Comments.
The bill provides an effective date of October 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0549d.JDC
DATE: 2/14/2024
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Theft from a Dwelling or the Unenclosed Curtilage of a Dwelling
Background
In recent years, the rise of e-commerce has led to an increase in “porch piracy”, a crime that occurs
when a person or group of persons steal a package or other mail parcel from the owner’s porch or other
area near the owner’s home before he or she has the opportunity to retrieve the package. Nearly eight
in ten Americans have reported falling victim to such package theft in 2022, totaling an estimated 260
million packages worth $19.5 billion.1 At least eight states have specifically made package theft a
felony.2
Florida Law
Burglary
Section s. 810.02, F.S., prohibits a person from committing burglary by:
 Entering a dwelling, structure, or conveyance with the intent to commit an offense therein –
unless the premises are at the time open to the public or the person’s entry is licensed or
invited; or
 Remaining in a dwelling, structure, or conveyance:
o Surreptitiously, with the intent to commit an offense therein;
o After permission to remain is withdrawn, with the intent to commit an offense therein; or
o To commit or attempt to commit a forcible felony.3
A burglary is a felony offense classified according to the offense’s specific circumstances, as follows:
 A burglary or attempted burglary of an unoccupied structure or conveyance is a third degree
felony.4,5
 A burglary of a dwelling, an occupied structure or conveyance, or an authorized emergency
vehicle is a second degree felony.6,7
 A burglary is a first degree felony when an offender:8,9
o Commits an assault or a battery;
o Becomes armed with explosives or a dangerous weapon within the premises he or she
is burglarizing;
o Enters a dwelling or structure and:
1 Ana Durrani, The Worst States For Porch Pirates 2024 (May 18, 2023), Forbes, https://www.forbes.com/home-improvement/home-
security/worst-states-for-porch-pirates/ (last visited Feb. 14, 2024).
2
Id. These states include Arkansas (Ark. Code s. 5-36-103(b)(3) (2023); Class D felony), Georgia (Ga. Code s. 16-8-24 (2023); felony;
requirement that person possess minimum of ten separate pieces of stolen mail addressed to three or more different mailboxes and
addresses), Kentucky (Ky. Rev. Stat. Ann. s. 514.140 (2023); Class D felony), Michigan (Mich. Comp. Laws s. 445.33 (2023);
misdemeanor for first violation; felony for second or subsequent violation), New Jersey ( N.J. Stat.. s. 2C:20-2 (2023); felony crime of the
second degree), Oklahoma (Okla. Stat. tit. 21, s. 1740.2 (2023); misdemeanor; felony if three of more separate offenses committed
within 60-day period), Tennessee (Tenn. Code s. 39-14-129 (2023); misdemeanor for first violation; felony for second or subsequent
violation), and Texas (TX Penal Code Ann. s. 31.20 (2023); misdemeanor if mail stolen from fewer than 10 addresses; state jail felony if
mail stolen from at least 10 but fewer than 30 addresses; felony if mail stolen from 30 or more addresses).
3 “Forcible felony” means treas on; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson;
kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or disc harging of a
destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
S. 776.08, F.S.
4 S. 810.02(4), F.S.
5 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775 .082, 775.083, or 775.084, F.S.
6 S. 810.02(3), F.S.
7 A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or 775.084, F.S .
8 S. 810.02(2), F.S.
9 A first degree felony is punishable by up to 30 years imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
STORAGE NAME: h0549d.JDC PAGE: 2
DATE: 2/14/2024
  Causes damage to a dwelling or structure with a motor vehicle; or
 Causes damage to a dwelling or structure over $1,000.
Under ch. 810, F.S., a:
 “Dwelling” means a building or conveyance of any kind, including any attached porch, whether
such building or conveyance is temporary or permanent, mobile or immobile, which has a roof
over it and is designed to be occupied by people lodging therein at night, together with the
curtilage thereof;10
 “Structure” means a building of any kind, either temporary or permanent, which has a roof over
it, together with the curtilage thereof;11 and
 “Conveyance” includes any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft,
or sleeping car.12
In State v. Hamilton,13 the Florida Supreme Court (FSC) held that Florida’s burglary statute requires
that “curtilage” be enclosed in order to prove a violation of s. 810.02, F.S. In Hamilton, the defendant
was alleged to have entered the yard of a home to steal motors attached to a boat, but the yard was not
enclosed by fencing or shrubs or in any other manner. 14 Although the standard jury instruction for
burglary provided that “‘[s]tructure means any building of any kind, either temporary or permanent, that
has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding the
structure” (emphasis added), the trial court gave a modified instruction that contained no requirement
that the yard be “enclosed.”15,16 The FSC concluded that the trial court committed reversible error and
that the enclosure requirement in the standard jury instruction was a necessary element to prove
burglary under s. 810.02, F.S.17
Even though there must be an enclosure to prove that a person committed burglary, the enclosure
need not be continuous and may have an ungated opening for entering and exiting.18 For purposes of
burglary, a “dwelling” also includes an attached porch or attached garage.19,20
Under current law, whether a package thief commits burglary may depend on where a package or other
mail parcel is located, and whether or not that location is part of the enclosed curtilage of the dwelling.
For example, a package thief who steals a package from the front of a driveway or a mailbox near the
road may not have committed burglary, whereas a package thief who enters a screened-off front porch
and steals a package near a front door or an attached porch may have committed burglary.
Theft from a Dwelling or the Unenclosed Curtilage of a Dwelling
Generally, a person commits theft by knowingly obtaining or using, or endeavoring to obtain or to use,
the property of another with the intent to, either temporarily or permanently:
 Deprive the other person of a right to the property or benefit from the property; or
 Appropriate the property to his or her own use or to the use of any person not entitled to the use
of the property.21
10 S. 810.011(2), F.S.
11 However, during a state of emergency, for purposes of ss. 810.02 and 810.08, F.S., only, the term includes such portions or
remnants thereof as exist at the original site, regardless of the absence of a wall or roof. S. 810.011(2), F.S.
12
“To enter a conveyance” includes taking apart any portion of the conveyance. However, during a state of emergency, for purpos es of
ss. 810.02 and 810.08, F.S., only, the term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trail er, aircraft, or
sleeping car or such portions thereof as exist. S. 810.011(3), F.S.
13 660 So.2d 1038 (Fla. 1995).
14 Id. at 1039.
15 Id.
16 Fla. Std. Jury Instr. 13.1 (Crim.). The current standard jury instruction for burglary still defines “structure” as that term was defined in
Hamilton.
17 Supra, note 13 at 1044–45.
18 Dub ose v. State, 210 So. 3d 641 (Fla. 2017).
19 Id.
20 See also supra, note 17, and s. 810.011(2), F.S.
21 S. 812.014(1), F.S.
STORAGE NAME: h0549d.JDC PAGE: 3
DATE: 2/14/2024
 Section 812.014, F.S., defines theft offenses and generally categorizes the offense level based on the
value of the property stolen. Whether a theft is a misdemeanor or a felony may also depend on the
offender’s prior history of theft convictions or the type of property stolen. The offense levels for theft
crimes based on property value thresholds and general property types are classified as follows:
Property Value Offense Level
≥ $100,000 First Degree Felony
≥ $20,000, but < $100,000 Second Degree Felony
≥ $10,000, but < $20,000 Third Degree Felony
Grand
Theft
≥ $5,000, but < $10,000 Third Degree Felony
≥ $750, but < $5,000 Third Degree Felony
≥ $100, but < $750 if taken from a dwelling or
Third Degree Felony
unenclosed curtilage of a dwelling
≥ $100, but < $750
Theft
First Degree Misdemeanor
Petit
< $100 Second Degree Misdemeanor
Additionally, s. 812.014, F.S., increases the severity of a petit theft offense if a person has one or more
prior theft convictions. Petit theft committed by a person with a previous theft conviction is a first-degree
misdemeanor.22 Petit theft committed by a person with two or more previous theft convictions is a third-
degree felony.23
Under s. 812.014(2)(d), F.S., a person commits grand theft of the third degree and a felony of the third
degree if the property stolen is valued at $100 or more, but less than $750, and is taken from a dwelling
as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
“Dwelling” is defined the same as in s. 810.011(2), F.S., relating to burglary, and “unenclosed curtilage”
is defined the same as in s. 810.09(1), F.S., meaning the unenclosed land or grounds, and any
outbuildings, that are directly and intimately adjacent to and connected with the dwelling and
necessary, convenient, and habitually used in connection with that dwelling.
Theft from a dwelling or the unenclosed curtilage of a dwelling under s. 812.014(2)(d), F.S., captures a
broader scope of theft activity than burglary, which specifically requires that any curtilage from which
the taking may occur to be enclosed. As such, under current law, a package thief who steals a package
valued at $100 or more, but less than $750, from the unenclosed curtilage of a dwelling commits theft
under s. 812.014(2)(d), but not burglary under s. 810.02, F.S.
Additionally, s. 812.014(2)(d), F.S., does not include an offense that takes into account an offender’s
prior record of theft convictions, or the number of dwellings from which the offense is committed.
22 S. 812.014(3)(b), F.S.
23 S. 812.014(3)(c), F.S.
STORAGE NAME: h0549d.JDC PAGE: 4
DATE: 2/14/2024
 Criminal Punishment Code
Felony offenses which are subject to the Criminal Punishment Code 24 are listed in a single offense
severity ranking chart (OSRC),25 which uses 10 offense levels to rank felonies from least severe to
most severe. Each felony offense listed in the OSRC is assigned a level according to the severity of the
offense.26,27 A person’s primary offense, any other current offenses, and prior convictions are scored
using the points designated for the offense severity level of each offense. 28,29 The final score
calculation, following the scoresheet formu