Understanding the Legal Ramifications of "Finders Keepers" in Florida Law

Introduction to Theft by Finding in Florida

In Florida, most people are familiar with the concept of theft, but many are surprised to learn that “theft by finding” is also a criminal offense. The common phrase “finders keepers” may suggest that if you come across something that isn’t yours and there is no immediate owner, you can keep it. However, under Florida law, the act of finding lost property and keeping it without taking the necessary steps to return it to its rightful owner can lead to serious criminal charges. In this discussion, we’ll break down what theft by finding means under Florida law, including the relevant statutes, legal issues involved, and the penalties that can follow.

What is Theft by Finding?

Theft by finding occurs when someone discovers property that appears to be abandoned or lost and decides to keep it without making reasonable efforts to find the rightful owner. Florida law, under Section 812.014 of the Florida Statutes, defines theft as knowingly obtaining or using another person’s property with the intent to either permanently or temporarily deprive the owner of their rights to that property. Even if the property wasn’t stolen in the conventional sense—such as shoplifting or burglary—keeping found property without taking steps to return it can qualify as theft.

Florida’s Legal Requirements for Handling Found Property

Florida law provides clear guidelines on how individuals must handle found property to avoid criminal liability. If you find lost or abandoned property, you’re legally required to make reasonable efforts to return it. This may include reporting the found property to law enforcement or, if the owner is identifiable, contacting them directly.

Reporting to Law Enforcement

Under Section 705.102 of the Florida Statutes, a person who finds lost property must report it to law enforcement within a reasonable amount of time. Failing to do so could expose you to criminal liability for theft by finding. The law also requires law enforcement to attempt to find the owner by public notice or other means.

Time Limits and Retaining Property

If the rightful owner does not come forward after a set period, you may be able to keep the property, but only if you’ve complied with the reporting requirement. The waiting period varies depending on the value of the item, but typically, if the property is not claimed within 90 days, you may be allowed to retain it. However, keeping it before this period or failing to report it properly could result in theft charges.

Penalties for Theft by Finding in Florida

Florida law classifies theft based on the value of the property involved, and the penalties can vary significantly. Even if you did not intend to commit a crime, theft by finding is treated like other theft offenses, with penalties depending on the value of the item and your criminal history.

Petit Theft

Petit theft is the charge typically levied for smaller-value items. Under Florida Statute 812.014(3), if the found property is valued at less than $100, you may face charges of second-degree petit theft. A conviction for second-degree petit theft can result in up to 60 days in jail, six months of probation, and a fine of up to $500.

For property valued between $100 and $750, the offense becomes first-degree petit theft, which carries penalties of up to one year in jail, one year of probation, and a fine of up to $1,000.

Grand Theft

If the found property is valued over $750, you could face a charge of grand theft, which is a felony under Florida law. Grand theft is broken down into three degrees based on the value of the property:

  • Third-Degree Grand Theft: For property valued between $750 and $20,000, the offense is classified as third-degree grand theft, punishable by up to five years in prison, five years of probation, and a $5,000 fine.
  • Second-Degree Grand Theft: If the found property is valued between $20,000 and $100,000, it is considered second-degree grand theft, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine.
  • First-Degree Grand Theft: Property valued at over $100,000 is classified as first-degree grand theft, which can result in a sentence of up to 30 years in prison and significant fines.

These penalties show that even inadvertently keeping found property can have severe legal consequences, especially if the property is of significant value.

Defenses to Theft by Finding Charges

Fortunately, there are several defenses available if you are charged with theft by finding in Florida. A strong defense strategy is essential, as each case is unique and may hinge on the specifics of the incident.

Lack of Intent

One of the most effective defenses against theft by finding charges is showing a lack of intent. Florida law requires that you knowingly and intentionally deprive the owner of their property. If you can prove that you did not intend to permanently or temporarily deprive the owner of their property, you may be able to avoid a conviction. For example, if you were unaware that the property belonged to someone else or if you took reasonable steps to find the owner but were unsuccessful, your defense may be successful.

Mistake of Fact

Another common defense is a mistake of fact. If you genuinely believed that the property was abandoned or that the owner could not be found after making a reasonable effort, this could serve as a valid defense. You must show that your belief was reasonable based on the circumstances, such as the location and condition of the found item.

Compliance with Reporting Laws

If you can demonstrate that you complied with Florida’s reporting laws for found property by notifying law enforcement or making efforts to contact the owner, this can also serve as a defense. Proof that you reported the found property can be a powerful tool in defending against theft by finding charges.

Other Legal Considerations

Beyond criminal penalties, theft by finding in Florida can have other ramifications that extend into civil law. The original owner may sue you for the value of the item, and in some cases, you may be required to pay restitution or damages if you are convicted of theft. Additionally, a criminal record can affect your ability to find employment, rent housing, or maintain a professional license.

Impact on Your Criminal Record

A conviction for theft by finding, whether petit theft or grand theft, results in a criminal record. In Florida, theft convictions can remain on your record permanently, making it essential to seek legal representation if you face charges. In some cases, it may be possible to expunge or seal the record, but only under specific circumstances, and the process can be complex.

How We Can Help

At Musca Law, we understand how stressful it can be to face criminal charges for something like theft by finding. Even if you believe the property was abandoned or lost, and you had no malicious intent, the legal system can be unforgiving. Our team of criminal defense attorneys is here to help. We’ll review the details of your case, explore possible defenses, and work to achieve the best possible outcome for you.

FAQs on Theft by Finding in Florida

What should I do if I find lost property in Florida?
If you find lost property in Florida, the first thing you should do is report it to local law enforcement. Under Florida Statute 705.102, failing to report found property could lead to criminal charges. Once you report the property, law enforcement will attempt to find the rightful owner. If no one claims the property within a set period, you may be able to keep it, but only if you’ve complied with the law.

Can I be charged with theft if I didn’t know the property had an owner?
Yes, you can still be charged with theft by finding if you failed to take reasonable steps to locate the owner. Florida law requires that you make an effort to find the rightful owner, and simply assuming the property is abandoned is not a valid defense. However, if you can demonstrate that you genuinely believed the property was abandoned and took steps to report it, that may help your defense.

How does the value of the property affect the charges I face?
The value of the found property plays a significant role in determining the charges and penalties. If the property is valued under $750, you’ll likely face petit theft charges, which carry lighter penalties. However, if the property is worth more than $750, the charges escalate to grand theft, a felony with much more severe consequences, including lengthy prison terms.

What if I intended to return the property but didn’t get around to it?
Intent matters in theft by finding cases, but so does your actual behavior. Even if you meant to return the property, failing to take action in a reasonable time frame could still result in theft charges. It’s important to act quickly and report the found property to law enforcement to avoid any criminal liability.

Can theft by finding be expunged from my criminal record?
In some cases, it may be possible to have a theft by finding conviction expunged or sealed from your record, but this depends on several factors. Florida has strict guidelines on expungements, and not all convictions qualify. If this is your first offense, and the charge is minor, you may have a better chance, but it’s crucial to speak with a lawyer to explore your options.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.