The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 1534
INTRODUCER: Criminal Justice Committee and Senator Boyd and others
SUBJECT: Retail Theft
DATE: February 8, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Erickson Jones CJ Fav/CS
2. Atchley Harkness ACJ Recommend: Favorable
3. Atchley Sadberry AP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1534 amends section 812.015, Florida Statutes, the retail theft statute, to create new third
degree felony and second degree felony retail theft crimes based on multiple retail thefts
occurring in a limited time period in different merchant locations. Specifically, the bill amends
the statute to provide that a person commits retail theft, a third degree felony, if the person
individually, or in concert with one or more other persons, commits five or more retail thefts
within a 30-day period and in committing such thefts obtains or uses 10 or more items of
merchandise, and the number of items stolen during each theft is aggregated within the 30-day
period to determine the total number of items stolen, regardless of the value of such
merchandise, and two or more of the thefts occur at different physical merchant locations.
The bill also amends the statute to provide that a person commits a second degree felony if the
person individually, or in concert with one or more other persons, commits five or more retail
thefts within a 30-day period and in committing such thefts obtains or uses 20 or more items of
merchandise, and the number of items stolen during each theft is aggregated within the 30-day
period to determine the total number of items stolen, regardless of the value of such
merchandise, and two or more of the thefts occur at a different physical retail merchant location.
The bill also amends section 921.0022, Florida Statutes, the offense severity level ranking chart
of the Criminal Punishment Code, to rank the new third degree felony retail theft offense as a
level 5 offense and rank the new second degree felony retail theft offense as a level 6 offense.
BILL: CS/SB 1534 Page 2
The Legislature’s Office of Economic and Demographic Research (EDR) preliminarily estimates
that the bill will have a “positive indeterminate” prison bed impact (an unquantifiable increase in
prison beds). See Section V. Fiscal Impact Statement.
The bill takes effect on October 1, 2022.
II. Present Situation:
Organized Retail Crime and “Boosting”
Organized retail crime (or ORC theft) is “a premeditated burglary that involves multiple
offenders who operate in different specified roles or positions. These crime rings often hit
multiple stores in one run, collecting a car full of stolen goods that are sold or ‘returned’ for store
credit or even cash, depending on the return policy. Oftentimes, these items are sold via online
marketplaces, which makes it nearly impossible to trace the criminal activity back to the seller.”1
“The … most common form of organized retail crime is referred to as boosting.” “Boosting” is
“the basic act of walking into a store and stealing item(s) without being caught. This can be done
in any number of ways, from pocketing smaller items to simply walking out the front door with a
cart full of big-ticket merchandise and enough confidence in your step that nobody questions
you.”2
According to the Florida Attorney General’s Office, there are many challenges to prosecuting
boosting under existing theft laws which generally require proof of the value of the property
stolen.
There are limited statutes which law enforcement and prosecutors can charge boosters under.
The traditional theft statute, s. 812.014, the organized retail theft statute, s. 812.015, and the
scheme to defraud statute, s. 817.034, all require evidence of value.
In order to prove value, the law enforcement officer and prosecutor must know and prove the
exact items stolen. While this level of proof is clear when someone is detained and found with
the merchandise, when there are limited items stolen and clear view, or when merchandize is
later recovered, such proof is exceedingly difficult to meet when the merchandise leaves the
store.
If there is not a clear camera view of the exact items stolen, a prosecutor can only include the
lowest value item within the area of the item stolen. Stores keep items of largely varying value
within arm’s reach of other items of similar type. A multiple hundred dollar item can be kept
right next to an item worth less than $20.00.
Using the item described above, if a defendant steals five $200 items (totaling $1,000) they could
be charged with only stealing $100 of merchandise if the item is not clearly visible on video. In
1
Storm Suitter, Organized Retail Crime Methods and How to Prevent Them (Sep. 28, 2021), LiveView Technologies,
available at https://www.lvt.com/company/about-us (last visited on Jan. 20, 2022).
2
Id.
BILL: CS/SB 1534 Page 3
both situations, it is undisputed that five items were stolen; the exact item stolen is what would
be contested.
The investigations into boosting activity can take upwards of a year or longer to conduct. First,
retail loss prevention must watch the boosting activity and identify the exact items stolen. Law
enforcement must then review the video to ensure the items are detailed by retail loss prevention
correctly and complete an affidavit. A prosecutor must then review the videos and the affidavit to
make sure the prosecutor has a good faith basis to file charges. This is a timely process. During
this investigative process, the boosting activity continues across the State.
Large scale boosters can enter many stores within a small period of time and boost many items
during each theft. Reviewing the video files to check for items stolen can take many hours at
each step of the process. Each item needs to be readily apparent from the video.
Some retailers have the ability to verify inventory logs to check for missing merchandise, to
prove the items stolen. However, in order to successfully prove the items stolen with this
method, there must be evidence from the point of the first inventory to the point of the next
inventory of legitimate sales, restocking, and/or proving no other persons stole during that time.
Depending on the time between inventory checks, this could be multiple days of video to review
by the loss prevention, then law enforcement, then the prosecutor.3
Organized Retail Crime –National Trends
The National Retail Federation (NRF) reports that “[o]rganized retail crime now costs retailers
an average of $700,000 per $1 billion in sales, and three-fourths of retailers saw an increase in
ORC in 2020....”4
According to the National Retail Security Survey 2021, a NRF survey of retail loss prevention
professionals that covers national retail security issues, including external retail crime, organized
retail crime is a growing threat. The survey reports: “About 69% of retailers said they had seen
an increase in ORC activity over the past year. They cited reasons such as COVID-19, policing,
changes to sentencing guidelines and the growth of online marketplaces for the increase in ORC
activity.”5 Further, “[r]etailers report these gangs are more aggressive and violent than in years
past.”6
Florida Organized Retail Crime Exchange (FORCE)
On December 2, 2021, Florida Attorney General Ashley Moody announced the creation of the
Florida Organized Retail Crime Exchange (FORCE), which consists of a task force and an
3
Summary of boosting issue and legislation provided to staff of the Senate Committee on Criminal Justice on Jan. 18, 2022
(on file with the Senate Committee on Criminal Justice).
4
Craig Guillot, Organized retail crime remains a growing threat (Nov. 18, 2021), National Retail Federation, available at
https://nrf.com/blog/organized-retail-crime-remains-growing-threat (last visited on Jan. 20, 2022).
5
National Retail Security Survey 2021, National Retail Federation, at p. 10, available at
https://cdn.nrf.com/sites/default/files/2021-08/2021%20National%20Retail%20Security%20Survey%20updated.pdf (last
visited on Jan. 20, 2022).
6
Id.
BILL: CS/SB 1534 Page 4
interactive statewide database.7 The task force will be composed of law enforcement personnel,
prosecutors, and retailers8 who “will meet regularly to discuss trends, share criminal intelligence
and coordinate investigations.”9 The statewide database, which will be operated by the Attorney
General’s Office and the Florida Retail Federation, will “spot trends, identify suspects and take
down massive organized retail theft rings.”10 Law enforcement and retailers that complete
specialized training will have access to it.11
Attorney General Moody also reported that since taking office in 2019, statewide prosecutors
have “filed nearly 60 cases involving more than 250 individuals suspected of organized retail
theft or crimes related to organized retail theft.”12
Criminal Punishment Code
The Criminal Punishment Code13 (Code) is Florida’s primary sentencing policy. Noncapital
felonies sentenced under the Code receive an offense severity level ranking (Levels 1-10).14
Points are assigned and accrue based upon the offense severity level ranking assigned to the
primary offense, additional offenses, and prior offenses. Sentence points escalate as the severity
level escalates. Points may also be added or multiplied for other factors such as victim injury or
the commission of certain offenses. The lowest permissible sentence is any nonstate prison
sanction in which total sentence points equal or are less than 44 points, unless the court
determines that a prison sentence is appropriate. If total sentence points exceed 44 points, the
lowest permissible sentence in prison months is calculated by subtracting 28 points from the total
sentence points and decreasing the remaining total by 25 percent.15 Absent mitigation,16 the
permissible sentencing range under the Code is generally the lowest permissible sentence scored
up to and including the maximum penalty provided under s. 775.082, F.S.17
7
News Release, VIDEO: Attorney General Moody Launches FORCE to Protect Floridians Against Retail Theft Crime
Sprees Plaguing Cities in Other States (Dec. 2, 2021), Attorney General’s Office (on file with the Senate Committee on
Criminal Justice).
8
Id.
9
Pat Raia, Database aims to thwart retail theft rings before they organize here (Dec. 5, 2021), Hernando Sun, available at
https://www.hernandosun.com/2021/12/05/database-aims-to-thwart-retail-theft-rings-before-they-organize-here/ (last visited
on Jan. 20, 2022).
10
See footnote 9, supra.
11
Id.
12
Id.
13
Sections 921.002-921.0027, F.S. See chs. 97-194 and 98-204, L.O.F. The Code is effective for offenses committed on or
after October 1, 1998.
14
Offenses are either ranked in the offense severity level ranking chart in s. 921.0022, F.S., or are ranked by default based on
a ranking assigned to the felony degree of the offense as provided in s. 921.0023, F.S.
15
Section 921.0024, F.S. Unless otherwise noted, information on the Code is from this source.
16
The court may “mitigate” or “depart downward” from the scored lowest permissible sentence, if the court finds a
mitigating circumstance. Section 921.0026, F.S., provides a list of mitigating circumstances.
17
If the scored lowest permissible sentence exceeds the maximum penalty in s. 775.082, F.S., the sentence required by the
Code must be imposed. If total sentence points are greater than or equal to 363 points, the court may sentence the offender to
life imprisonment. Section 921.0024(2), F.S.
BILL: CS/SB 1534 Page 5
Theft Statute (s. 812.014. F.S.)
Section 812.014(1), F.S., provides that a person commits “theft” if he or she knowingly obtains
or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or
permanently:
 Deprive the other person of a right to the property or a 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.
The statute punishes “grand theft” and “petit theft.”18 Grand theft penalties, which are more
severe than petit theft penalties, may be triggered by theft of an item listed in the statute, such as
a fire extinguisher, regardless of the value of that listed item.19 However, more typically, grand
theft is theft of property valued at $750 or more. The degree and punishment of grand theft
escalates based on the value of the stolen property. If the property stolen is valued at:
 $750 or more, but less than $5,000, it is grand theft of the third degree and a Level 2 third
degree felony;20
 $5,000 or more, but less than $10,000, it is grand theft of the third degree and a Level 3 third
degree felony;21
 $10,000 or more, but less than $20,000, it is grand theft of the third degree and a Level 4
third degree felony;22
 $20,000 or more, but less than $100,000, it is grand theft of the second degree and a Level 6
second degree felony;23 and
 $100,000 or more, it is grand theft of the first degree and a Level 7 first degree felony.24
Additionally, s. 812.014(2)(d), F.S., provides that theft of property valued at $100 or more, but
less than $750, is grand theft of the third degree, a Level 2 third degree felony,25 if the property
was taken from a dwelling or its unenclosed curtilage.
Petit theft is generally theft of property valued at less than $750 or property without a specific
monetary value that is not listed in s. 812.014(2), F.S. Except as provided in s. 812.014(2)(d),
F.S., if the property stolen is valued at $100 or more, but less than $750, the offender commits
18
Grand theft also includes: grand theft in which a motor vehicle is used as an instrumentality in committing the theft
(s. 812.014(2)(a)3.a., F.S.); theft of a semitrailer deployed by a law enforcement officer; and theft of cargo, emergency
medical equipment, and law enforcement equipment in a specified property value range (s. 812.014(2)(a)1. and 2., (2)(b)2.,
3., and 4., F.S.). Further, penalties for grand theft are enhanced if committed after a declaration of an emergency and
facilitated by the emergency and during a riot or an aggravated riot (s. 812.014(2)(b) and (c), F.S.).
19
See s. 812.014(2)(c)4.-13., F.S.
20
Sections 812.014(2)(c)1. and 921.0022(3)(b), F.S. A third degree felony is generally punishable by not more than 5 years
in state prison and a fine not exceeding $5,000. Sections 775.082 and 775.083, F.S. But see ss. 775.082(10) and 921.00241,
F.S. (prison diversion).
21
Sections 812.014(2)(c)2. and 921.0022(3)(c), F.S.
22
Sections 812.014(2)(c)3. and 921.0022(3)(d), F.S.
23
Sections 812.014(2)(b)1. and 921.0022(3)(f), F.S. A second degree felony is punishable by not more than 15 years in state
prison and a fine not exceeding $10,000. Sections 775.082 and 775.083, F.S.
24
Sections 812.014(2)(a)1. and 921.0022(3)(g), F.S. A first degree felony is generally punishable by not more than 30 years
in state prison and a fine not exceeding $10,000. When specifically provided by statute, a first degree felony may be punished
by imprisonment for a term of years not exceeding life imprisonment. Sections 775.082 and 775.083, F.S.
25
Section 921.0022(3)(b), F.S.
BILL: CS/SB 1534 Page 6
petit theft of the first degree, which is a first degree misdemeanor.26 Theft of any property not
specified in s. 812.014(2), F.S., is petit theft of the second degree, which is a second degree
misdemeanor.27 However, a person who commits petit theft and who has previously been
convicted of any theft commits a first degree misdemeanor28 or a Level 1 third degree felony if
there are 2 or more previous theft convictions.29
A person commits a Level 4 second degree felony if that person individually, or in concert with
one or more other persons, coordinates the activities of one or more persons in committing theft
under s. 812.01