Embezzlement Charges in Florida: How the Law Generally Works

Short Answer: Embezzlement Is Generally Charged as Theft in Florida

In Florida, embezzlement is generally handled under the state’s theft rules. The theft chapter’s definitions name embezzlement as one kind of conduct it covers. Whether a specific charge applies depends on the facts and applicable law.

“Embezzlement” is an everyday word for taking money or property that someone trusted you to handle. The formal name on a charge can differ from that everyday meaning. That gap is one reason to read the charging papers closely. This page explains the legal framework in plain terms. It does not predict how any case will end.

Why Florida Uses the Theft Statute for Embezzlement Cases

Florida’s theft statute is built around obtaining or using someone else’s property. Fla. Stat. § 812.014 says a person commits theft if he or she knowingly obtains or uses the property of another. Theft requires intent either to deprive another person of a right to the property or a benefit from it, or to appropriate the property to one’s own use or to the use of anyone not entitled to it, whether temporarily or permanently. The statute also reaches an endeavor to obtain or use the property.

The definitions section makes the link to embezzlement. Fla. Stat. § 812.012 says “obtains or uses” includes conduct previously known as stealing, larceny, embezzlement, misapplication, misappropriation and conversion. It also covers obtaining property by fraud or deception.

The same section defines “property of another.” That means property in which another person has an interest the accused may not infringe without consent. The definition can apply even when the accused also has some interest in the property. Whether it fits a given situation depends on the facts.

A charge can also rest on other Florida provisions, depending on the facts. Read the charging document and check which statute it cites.

What the State Generally Has to Prove in a Theft Case

Each case turns on its own record.

Intent can be disputed. Facts bearing on intent may include account records, accounting entries, explanations given at the time, and whether the money was returned. Each item can point in different directions.

Whether the state can prove each part of the offense depends on the evidence and applicable law. No outcome can be predicted from a general description like this one. A review of the actual records shows which questions matter in a specific matter.

How the Value of the Property Can Change the Charge Level

Florida grades theft by value, so the same conduct can carry different charge levels. Fla. Stat. § 812.012 defines value as market value at the time and place of the offense. If that cannot be satisfactorily determined, value can be the cost of replacement within a reasonable time after the offense. Value can be disputed.

Amounts from separate properties taken under one scheme or course of conduct may be added together when grading the offense. Whether that applies depends on the facts.

Higher-value thresholds are set out in Fla. Stat. § 812.014(2), which this page does not reproduce. Check the current statute before relying on any dollar figure.

Felony degree labels apply only to felony charges. Also, Fla. Stat. § 775.0844 defines “white collar crime” for felony offenses only.

The charged level is not always the final level. A jury may find a defendant guilty of a lesser degree of the charged offense if the evidence supports it. Fla. R. Crim. P. 3.510 addresses lesser included offenses in a similar way. Whether a lesser offense is available depends on the evidence.

Embezzlement Charges, Civil Claims, and Restitution Are Separate Questions

A criminal charge, a civil claim and an order of restitution are separate questions. Each follows its own process. A criminal case does not settle every civil dispute.

Restitution is a sentencing issue. Fla. Stat. § 775.089 states that, in addition to any punishment, the court must order restitution to the victim, for damage or loss caused directly or indirectly by the offense or related to the criminal episode, unless the court finds clear and compelling reasons not to order restitution. Whether restitution applies, and in what amount, depends on the facts and applicable law.

If a case resolves by plea agreement, restitution can be part of it. The same statute says a restitution order in a plea agreement is “as definitive and binding as any other order of restitution.” The agreement must state that. Review any proposed terms carefully before agreeing.

Repayment raises its own questions. Paying money back does not, by itself, decide whether a charge is filed or how a court treats the matter. Its effect depends on the facts, the timing and applicable law.

Why Licensed Professionals and Employees Face Added Stakes

A theft-related charge can raise employment and licensing questions for people in regulated fields. Whether any action follows depends on the facts, the licensing rules and applicable law.

Fla. Stat. § 455.227 sets out grounds for discipline of licensees in professions regulated under chapter 455. Among those grounds are being convicted or found guilty of, or entering a plea of guilty or nolo contendere to (regardless of adjudication), a crime relating to the practice of, or the ability to practice, the profession, which may apply depending on the facts and applicable law, as well as misleading or fraudulent representations related to the profession and making a report the licensee knows to be false. The same section lets the licensing board impose penalties such as a reprimand or probation. Whether any of that applies depends on the facts and the law governing that profession.

Employees who are not licensed face a separate set of questions. An employer’s internal review runs apart from any criminal case, and its results depend on the facts and the employer’s own policies.

Patrick David Wilson’s practice includes criminal defense for licensed professionals. That work can address how a criminal matter interacts with a license.

If You Are Reading This About Someone Else, and What to Bring to a Consultation

If you received a notice, or you are researching for a family member or colleague, you may feel rushed. A notice from an employer or bank is not the same as a criminal charge. Whether a charge exists depends on the facts and the records of the agency involved.

Gather what you have. That can include any charging papers, notices, summonses, records of the account or property at issue, dates of key events and related messages. Keep originals intact and work from copies. Do not alter, annotate or discard originals.

Be careful about discussing details. Talking with the complainant, an employer’s investigator or police before getting advice can create a record that is hard to undo. This is a general caution, not a promise about any result.

If a notice like this has you worried about your job or license, Patrick David Wilson offers a free, confidential first consultation with no obligation to continue. Call 786-761-1719 or leave a message through the contact page.

Is embezzlement theft in Florida?

Embezzlement-type conduct falls within the theft chapter’s definitions, so it is generally charged as theft. Whether a specific charge applies depends on the facts and applicable law.

Does paying back the money end the case?

Its effect depends on the facts and applicable law.

Does the value of the money matter?

Yes, value can affect how theft is graded. The amounts that apply depend on the facts and the current statute.