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If someone has wrongfully taken your money or property in Florida, you may have a powerful civil remedy called “civil theft.” Unlike a standard conversion or contract claim, civil theft can unlock treble (3x) damages plus attorney’s fees—if you can meet Florida’s higher proof standard and statutory prerequisites. Below is a practical guide to what civil theft is, how it’s proven, and how we prosecute or defend these claims.

What Is “Civil Theft”?

Florida’s civil theft statute lets a victim sue for three times their actual damages (with a $200 minimum), plus reasonable attorney’s fees and court costs, if they prove by clear and convincing evidence a violation of Florida’s theft laws (e.g., §812.014). Florida Legislature

To win, the claimant must establish the statutory elements of theft and criminal intent (often called “felonious intent to steal”)—a more demanding standard than ordinary civil claims. Courts repeatedly emphasize this heightened intent requirement. The Florida BarMiddle District Court FL

The Pre-Suit Demand Letter (A Mandatory Step)

Before filing a civil theft lawsuit, Florida law requires the claimant to send a written demand for $200 or the treble-damage amount and give the recipient 30 days to pay. If the recipient pays within 30 days, they are entitled to a written release from civil liability for that act. We handle this demand carefully to preserve your rights. Florida LegislatureFlorida Senate

Courts treat the demand as a statutory condition precedent, but they have sometimes permitted belated compliance or declined dismissal solely for initial demand defects—context matters, and we tailor strategy accordingly. The Florida BarMiddle District Court FL

What You Can Recover

• Treble (3x) actual damages (with a $200 minimum).

• Reasonable attorney’s fees and court costs for the prevailing plaintiff.

• No punitive damages are permitted under this statute.

• Fee shifting against the claimant: A defendant may recover fees if the court finds the civil theft claim lacked substantial factual or legal support. Florida Legislature

Statute of Limitations (How Long You Have)

Florida provides a five-year limitations period for civil actions under the theft chapter (§§812.012–812.037). Timing nuances (including tolling) can apply—don’t delay. Florida Senate

Civil Theft vs. Conversion or “Just a Contract Dispute”

• Civil theft requires clear and convincing proof of criminal intent and typically identifiable property or a specific, segregated sum of money.

• Conversion/breach of contract may address wrongful retention or non-payment, but without the felonious intent civil theft demands. Courts regularly caution that not every unpaid debt or contract fight is civil theft. The Florida Bar

Common Fact Patterns We Litigate

• A business partner diverts segregated client funds or joint venture proceeds.

• An employee or vendor misappropriates inventory or receivables.

• A fiduciary (e.g., trustee, company officer) appropriates specific assets for personal use.

• A counterparty withholds a specific, earmarked payment held in trust/escrow.

(Where funds were commingled or the dispute is purely contractual, we evaluate whether civil theft is supportable or whether other claims are stronger.)

Our Civil Theft Playbook

1. Rapid Evidence Hold & Asset Targeting
   We lock down bank, ledger, device, and communications evidence to prove knowing use/obtaining and felonious intent.

2. Mandatory Demand Letter Done Right
   We issue the §772.11 demand for $200 or treble damages, preserving treble exposure while positioning for early resolution. Florida Legislature

3. Charge Selection & Pleading Precision
   We plead the statutory theft elements with the necessary intent detail and keep contract counts separate, avoiding pitfalls that can cap damages. The Florida Bar

4. Summary-Judgment Focus
   We build a record for clear and convincing proof—targeting admissions, bank trails, and third-party corroboration.

5. Fee-Risk Management
   Because the statute allows defense fee-shifting if the claim lacks support, we bring civil theft only when the evidence clears the bar—and we press fee claims when defending baseless suits. Florida Legislature

Notable Florida Guidance & Decisions

• Heightened Intent Standard: Courts require proof of criminal intent for civil theft—not just wrongful taking. The Florida BarMiddle District Court FL

• Treble Damages & Fees; No Punitive Damages: Set out expressly in §772.11. Florida Legislature

• Five-Year Limitations Period: For civil actions under the theft chapter, §812.035(10) provides five years from accrual, with specific tolling rules. Florida Senate

• Pre-Suit Demand: Mandatory demand for $200 or treble amount; 30-day window and release upon payment. Florida Legislature

• Trial/Appellate Fees Both Ways (in limited circumstances): Prevailing plaintiffs recover; prevailing defendants may recover if the claim lacked substantial factual or legal support. Florida Legislature

• Case Example — Island Travel & Tours v. MYR: Appellate decisions discuss civil theft alongside business torts and fee issues in complex JV disputes. Justia LawCaseLaw

Frequently Asked Questions

What has to be in the demand letter?
A written demand for $200 or the treble-damage amount; the recipient has 30 days to comply. If they pay, they get a release for that act. Florida Legislature

Do I have to wait the full 30 days before suing?
Best practice is to wait, but courts have sometimes allowed late compliance or declined dismissal solely for early filing or initial demand defects. Strategy depends on your facts. The Florida BarMiddle District Court FL

Is civil theft available in a contract dispute?
Sometimes—but only if you can prove criminal intent and typically an identifiable asset/specific sum. A mere failure to pay a debt usually isn’t enough. The Florida Bar

Can I get punitive damages on top of treble damages?
No. Punitive damages are barred under §772.11. Florida Legislature

How long do I have to sue?
Generally five years for civil actions under the theft chapter; don’t wait, as evidence goes stale and tolling issues are fact-specific. Florida Senate

What if the other side files a weak civil theft claim against me?
We defend aggressively. If the court finds the claim lacked substantial factual or legal support, the defendant can recover fees under §772.11. Florida Legislature

Take the Next Step

If you believe you’re a victim of civil theft—or you’ve been accused of it—get experienced trial counsel early. The Law Offices of Adam G. Hill will evaluate whether civil theft fits your facts, execute the statutory demand, and pursue (or defend against) treble damages with a strategy calibrated to the burden of clear and convincing evidence.

Call us toll-free at 833-918-1877 or message us through our Contact page to schedule a confidential consultation.

Legal references:
Fla. Stat. §772.11 (civil theft: treble damages, demand, fees, no punitive damages); Fla. Stat. §812.014 (theft elements); §812.035(10) (five-year limitations period for civil actions under ch. 812); selected cases and commentary on the heightened criminal intent requirement and demand compliance. Florida Legislature; Florida SenateThe Florida Bar; Middle District Court FL

Law Offices of Adam G. Hill | Toll-Free 833-918-1877