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What is a State of Emergency?
Because of its geographic location, Florida is more prone than some other states to natural disasters. These include hurricanes and even blizzards. Depending on their severity, these natural disasters can cause widespread destruction and an interruption to daily life. This can include mass power outages, blocked roadways, and even large-scale flooding and destruction of property. When this happens, the governor may declare a state of emergency.
Declaring a state of emergency is a power given to the governor by the state of Florida to allow them to make quick, often split-second decisions regarding the safety and well-being of people and property. A state of emergency allows the governor to deliver such orders are declaring mandatory evacuations, deploying the Florida National Guard for disaster-related tasks, and more.
Due to states of emergency often leaving major retail stores unguarded, looting is a common occurrence. Because of the severity of the situation, any crimes committed during a state of emergency may carry heavier penalties. This means anyone caught looting during a state of emergency may face harsher criminal penalties than if they had stolen during “peace time.” If you or a loved one were arrested for looting during a state of emergency, it’s vital you contact one of our defense attorneys to avoid a potential lengthy criminal sentence.
How Are Criminal Charges Different During a State of Emergency?
Florida takes crimes committed during states of emergency very seriously. In 2025, ahead of Hurricane Milton, Florida passed CS/HB 549. This is piece of legislation which was also called “The Hurricane Law” or the “Hurricane Looting Law.” Among other things, CS/HB 549:
- Lowered the Minimum Threshold Amount for Grand Theft
- Created New Grand Theft Offenses
- Outlined Enhanced Criminal Penalties for Theft
- Prohibits Theft Committed With a Group of People
- Prohibits Theft in Which Social Media is a Factor
CS/HB 549 also revised the timeframe during which thefts can be charged together. Previously, acts of theft could only be charged as part of the same crime if they occurred during a 30-day time frame. CS/HB changed this time frame to 120 days. This means that if someone commits two acts of theft 120 days apart, they can be charged together. This can potentially mean a longer prison sentence and higher fines.
What Penalties Do I Face for Looting During a State of Emergency?
Crimes committed during a state of emergency are subject to enhanced penalties if you are convicted. This means that if you are convicted of a crime during a state of emergency, you face a longer time in prison and higher fines than if you had committed it during “peace time.”
For example, under most circumstances, theft in Florida is a third-degree felony. This is because theft charges are usually related to the value of the items stolen, and third-degree felony charges cover theft up to $10,000 in value. In order for someone to be charged with a more serious crime, they would have to have stolen over $10,000 in goods or cash.
However, under CS/HB 549, any theft during a State of Emergency can be charged as a first-degree felony. This is known as an enhancement. An enhancement is when the circumstances of a crime allow the state to press more serious charges or sentence someone to a harsher sentence. Under Florida law, a first-degree felony carries a possible sentence of up to 30 years in prison and a $10,000 fine. Depending on the situation, if you are arrested for looting during a state of emergency, you also may not be able to get released on bail as quickly as you would under other circumstances.
Other mitigating factors can lead to more serious charges and penalties. For example, in recent natural disasters, looting and other crimes have been coordinated using social media such as TikTok. These coordinated crime sprees can often involve groups of people working together to steal merchandise. If a lawyer can demonstrate in court that you committed theft during a state of emergency with a group of five or more people, or if social media were a factor, it can lead to more serious penalties.
What Are Defenses for Looting During a State of Emergency?
Florida prides itself on its “tough on crime” reputation. This stance can often lead to aggressive prosecution tactics and harsh prison sentences. However, there are potential defenses to looting charges. What defense is right for you will change depending on the specific circumstances of your case.
One potential defense is challenging evidence. Often, evidence of looting during a state of emergency may be unreliable due to the disaster. For example, no security footage may be available, forcing the case to rely on eyewitness testimony. In many other cases, evidence may take the form of grainy television footage or “shaky cam” footage from a bystander’s cell phone. Under these circumstances, a defense attorney may be able to argue the evidence is insufficient.
Unreliable footage may also open up a mistaken identity defense. If prosecutors introduce video evidence of alleged looting, but they cannot prove beyond a reasonable doubt that you are the person depicted in the footage, a defense attorney may be able to successfully argue that it is a case of mistaken identity.
Another potential defense is “accidental taking.” This refers to obtaining merchandise you believed in good faith to have been abandoned or whose owner could not be determined. For example, if flood waters washed an item into your backyard and you chose to keep it, you may be able to avoid looting charges.
These are only a few potential defenses to looting during a state of emergency. Because of the potentially severe penalties, it’s imperative you consult an experienced defense attorney if you or a loved one have been charged.
What Should I Do if I’m Charged with Looting During a State of Emergency?
Florida values its national “tough on crime” reputation. The state is also deeply interested in protecting the interests of business owners and corporations during times of disaster. As a result, penalties for people arrested during states of emergency are incredibly severe. Theft during a state of emergency could even lead to someone spending most—or even the rest—of their life in prison. Don’t let that happen to you or a loved one.
If you’ve been arrested for looting during a state of emergency, don’t hesitate to contact The Defense Group. Our attorneys know how harsh penalties are and work to ensure all of our clients remain free, productive members of society. We don’t want to see anyone lose their freedom. If you or a loved one is facing charges for looting during a state of emergency, don’t hesitate to call us today at 407-743-8430 to schedule your free consultation.
