If you’re visiting Florida, Palm Beach County, Miami, Orlando, or any of our major tourist destinations, you’re probably here for beaches, resorts, theme parks, nightlife, or shopping. But every year, thousands of tourists find their dream vacation derailed by one unexpected event:

A shoplifting charge.

Whether it’s an accidental walk-out with a souvenir, an honest misunderstanding at a self-checkout lane, or a spring breaker’s impulsive mistake, a simple retail theft accusation can turn into a long-term legal nightmare. And what most visitors don’t realize is this:

Florida treats tourist theft cases the same as local cases, sometimes even more seriously.

As a Florida criminal defense attorney representing out-of-state visitors for more than 20 years, I’ve seen how fast a $20 T-shirt can become a life-changing criminal case.

This guide explains the law, the consequences, and how you can protect yourself if your vacation suddenly takes an unexpected turn.

Schedule a Consultation

Table of Contents

What the Law Says About Shoplifting in Florida (Retail Theft)

Shoplifting in Florida falls under Florida Statute §812.014, which defines theft as:

“Knowingly obtaining or using the property of another with intent to either temporarily or permanently deprive them of the property.”

The key element prosecutors focus on is intent, and unfortunately, they often assume intent based on actions alone.

Florida divides theft into two main categories:

Petit Theft (Misdemeanor)

  • Value under $750

  • Penalties include:

    • Jail time

    • Fines

    • Probation

    • A permanent criminal record

Grand Theft (Felony)

  • Value $750 or more

  • Possible prison time

Most tourist cases involve small items, souvenirs, sunscreen, apparel, snacks, yet the consequences can extend far beyond the value of the merchandise.

Why Stores Don’t “Let You Pay and Leave”

Tourist destinations like Palm Beach, Miami, Orlando, and Tampa see huge volumes of theft cases involving out-of-state visitors. Retailers and police know this—and that means:

  • Many stores have zero-tolerance policies

  • Security is trained to detain immediately

  • Police often arrest even for low-value items

Some tourists are shocked to learn that they can be handcuffed, booked, fingerprinted, and required to post bond over something as minor as a trinket.

Common Scenarios That Lead to Tourist Arrests

As described in your transcript, the most common explanations we hear include:

  • Parents distracted by kids and forget to scan an item

  • Self-checkout errors (“I thought it scanned”)

  • Elderly visitors affected by medication

  • Language barriers

  • Spring breakers who make impulsive decisions

  • Misunderstandings at theme parks or beach shops

Florida prosecutors hear these explanations every day… but they still require evidence. Simply saying it was an accident is rarely enough.

woman shoplifting in Florida

The “Tourist Problem” You Don’t Expect

Being a visitor creates unique complications:

1. You may be required to return to Florida

Some courts require in-person appearances for criminal cases.

2. Your bond may restrict travel

Conditions may prevent you from leaving Florida until the case is resolved.

3. You don’t know the system

  • Which prosecutors are reasonable

  • Whether diversion is available

  • How to avoid a conviction

4. Rushing to resolve the case can hurt you

Tourists are often offered quick plea deals that result in permanent convictions, the worst possible outcome.

How a Theft Conviction Follows You Home

Even if it’s “just a misdemeanor,” the consequences are far from minor:

  • Criminal background checks for employment

  • Problems with professional licenses

  • Issues renting apartments

  • Volunteer disqualification (schools, youth programs)

  • Automatic immigration red flags for non-citizens

Theft is considered a crime of moral turpitude, and in Florida, a conviction cannot be expunged.

Defenses for Cases of Tourist Shoplifting in Florida

Some of the strongest defenses include:

  • Lack of intent

  • Accident or misunderstanding

  • Mistaken identity

  • Medical conditions affecting judgment

  • Language barrier or cultural misunderstanding

  • Improper security detention or unlawful search

We routinely get tourist cases dismissed, diverted, or resolved without the client ever returning to Florida.

Schedule a Consultation

What NOT to Do After a Shoplifting Arrest

  • Do NOT ignore the charge → A warrant will be issued

  • Do NOT post about it online → Prosecutors may review your social media

  • Do NOT accept the first plea offer

  • Do NOT assume a misdemeanor isn’t serious

Why Tourists Hire Our Criminal Defense Firm in Palm Beach County

We handle tourist theft cases across Palm Beach County, Broward, Miami-Dade, Martin, and St. Lucie, and we understand:

  • How to protect your record

  • How to minimize travel

  • How to negotiate diversion or dismissal

  • How to avoid immigration problems

In many cases, we can appear on your behalf, allowing you to return home while the case is resolved.

Facing a Tourist Shoplifting Charge in Florida? Our Palm Beach Criminal Defense Attorney Can Help!

If your vacation took an unexpected legal turn, you don’t have to face this alone.

Contact us online or give our office a call (561) 671-5995 to schedule a confidential consultation now.

Download our guide: My Loved One’s Been Arrested — What’s Next? It explains the entire Florida criminal process and how to protect yourself as a visitor.

Comments are closed.