Legal Question in Criminal Law in Florida

Re: Error in package delivery

In florida A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:

(a) Deprive the other person of a right to the property or a benefit from the property.

(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

That is the statutory definition. In your scenario, if a person takes delivery of an item that is not theirs, and endeavors to appropriate the property to his or her own use, i.e. not give it back when asked, then he or she has committed a crime.

The only challenge is in proving it.

Good luck to you.