Florida’s Civil Theft Law: Understanding Your Rights

1. Florida’s Civil Theft statute allows for recovery of treble damages and attorney fees if successful.
2. Civil theft claims can be asserted by individuals and businesses, creating civil liability for criminal practices such as theft, robbery, and exploitation of elderly persons.
3. Civil theft claims require clear and convincing evidence, which falls between a preponderance of the evidence and beyond a reasonable doubt.
4. Civil theft claims also require proof of felonious intent, meaning the individual knowingly obtained or used plaintiff’s property with the intent to deprive the plaintiff of its use. 1. According to Florida Statutes 772.11, before filing a civil theft lawsuit, a demand letter must be served to the liable party, demanding $200 or the treble damage amount.
2. If the recipient of the demand letter complies and pays the money within 30 days, they will be relieved of further civil liability and given a written release of the claim.
3. A civil theft claim that lacks substantial fact or legal support may result in the claimant paying legal fees and costs to the alleged thief, as per Ciaramello v. D’Ambra.
4. The standard for an unsubstantiated civil theft claim is less stringent than frivolous lawsuit standard under section 57.105 of the Florida Statutes, as per Standafer v. Schaller.
5. Parties must understand the pleading and notice requirements of a civil theft claim and be aware that if the claim is unsuccessful, they may be liable for the other party’s attorney fees and costs.

https://www.jimersonfirm.com/blog/2014/07/floridas-civil-theft-statute/