What is Florida’s Civil Theft law?

Anybody who suffers injuries in any fashion because of any violation of the theft statute, or by someone’s receipt of funds by a pattern of criminal activity, shall have a claim for treble actual damages (with a minimum of $200), attorney fees, and costs of litigation. Under Florida law, a crucial element for establishing the crime of theft is that the defendant had, before committing the act, the intention to commit theft.  The treble damage award is not in addition to actual damages but is a total of three times actual damages. However, it’s crucial to remember that a simple monetary debt alone usually doesn’t constitute a valid claim for conversion or civil theft.

What are the Elements of Civil Theft?

The elements of a claim for civil theft in Florida under § 812.014, Fla. Stat. are:

1. Knowingly;

2. Obtained or used, or endeavored to obtain or use, the plaintiff’s property;

3. With felonious intent;

4. Either temporarily or permanently, deprive the plaintiff of its right to or a benefit from the property, or appropriate the property to the defendant’s own use or to the use of someone not entitled to the property.

A Breach of Contract is not Civil Theft

Civil theft must transcend and be distinct from a mere breach of contractual obligations.  Therefore, mundane breaches of contract do not constitute civil theft.

Plaintiff Must Make Written Demand before Suing for Civil Theft

The statute requires that before filing an action for damages under the statute, the person claiming injury must make a written demand for the $200 or treble damage amount. If the person to whom the written demand is addressed complies with the demand within 30 days, they will receive a written release of civil liability for the specific act of theft or exploitation committed by the person making the written demand. 

A Defendant can be Awarded Attorney’s Fees

If a plaintiff’s claim is determined to be without substantial fact or legal support, a defendant may recover reasonable court costs and attorney fees from the plaintiff.  

Civil Theft Requires Clear and Convincing Proof

The legal standard required to prove civil theft is higher than the “preponderance of the evidence” standard and is called “clear and convincing”.  Both liability and damages must be proven by clear and convincing evidence at trial.

Statute of Limitations may Provide a Defense

The statute of limitations for civil theft is five years. However, the statute of limitations for this specific action begins to run from the moment the conversion was discovered, rather than from the time the defendant wrongfully retained the funds.

South Florida Civil Theft Lawyer

Call Civil theft lawyer Andrew J. Pascale at 877-667-1211 and let his experience in civil theft claims help you.  This blog does not constitute legal advice and is for illustrative purposes only.