Florida Civil Theft Lawyer — What It Is & When It Matters

Florida civil theft claims are powerful but specific legal remedies available only in certain circumstances. They are not suitable for routine business disputes or disagreements over payment.

At our firm, we represent clients in civil theft matters arising from business, real estate, and construction disputes when there is evidence of intentional misappropriation of money or property. We do not handle minor cases, consumer matters, or disputes that do not meet the legal standard.

We do not accept civil theft cases on contingency.
All matters are handled on a retainer and hourly fee basis.

What Civil Theft Is (and What It Is Not)

Florida’s civil theft statute allows recovery of:

  • Treble (3×) actual damages, and

  • Attorney’s fees and court costs

—but only when strict statutory criteria are met.

To qualify as a civil theft case under Florida law:

  1. The conduct must amount to theft under Florida’s criminal statute

  2. You must be able to prove it by clear and convincing evidence

  3. You must comply with pre-suit statutory requirements

Civil theft is not an enhancement for breach of contract, a shortcut for ordinary disputes, or a way to pressure a settlement. If the facts do not support intentional theft, the claim will fail.

Examples of Civil Theft Situations

Civil theft may apply when:

  • A business partner or agent intentionally diverted funds

  • An employee or contractor misused escrow or project funds

  • A vendor took assets knowing they did not have the right to do so

  • Misappropriated funds were taken in a way that equates to theft under Florida law

Each case turns on its own facts, and civil theft should be proven with documentation and evidence that supports intentional wrongdoing.

Situations That Usually Do Not Qualify

Many disputes callers think might be “civil theft” are not legally actionable under the statute. Examples include:

  • Someone simply failed to pay a debt

  • A contractor performed work poorly or incompletely

  • A tenant did not pay rent

  • You disagree with a business decision

  • There is no evidence of intentional misappropriation

These are valid legal conflicts in many situations, but they are typically older forms of contract, payment, or business disputes — not civil theft.

A civil theft claim in these contexts is likely to be dismissed and can expose the claimant to adverse fee awards.

Who We Represent

We work with clients whose civil theft matters arise in a commercial or high-stakes context, such as:

  • Businesses and commercial property owners

  • Real estate investors and developers

  • Construction companies and contractors

  • Commercial landlords

  • Clients pursuing misappropriated funds involving business operations

If your matter involves non-commercial or low-dollar disputes, there are likely other claim avenues that better fit your circumstances.

Fee Structure: No Contingency Cases

We do not accept civil theft cases on a contingency fee basis.

Civil theft litigation involves extensive review, pre-suit requirements, evidence gathering, and focused strategy. For that reason:

  • Civil theft cases are handled on a retainer and hourly basis

  • Clients are responsible for litigation costs as they arise

  • We evaluate each case carefully before agreeing to representation

This structure ensures that we can dedicate the necessary time and resources to complex matters.

What You Could Recover (and What You Should Know)

If a civil theft claim succeeds, Florida law allows:

  • Treble damages (three times your actual loss)

  • Attorney’s fees and court costs

However, a civil theft claim that lacks factual support can expose you to having to pay the other side’s attorney’s fees. Because of this, we only pursue civil theft claims when the evidence and circumstances justify it.

Our Approach

When we accept a civil theft matter, we:

  • Assess the strength of evidence supporting intentional misconduct

  • Evaluate asset availability for recovery

  • Ensure compliance with statutory pre-suit procedures

  • Build a strategy to meet the heightened proof standard

  • Represent you through all phases of litigation

We use civil theft claims thoughtfully — as a legal tool that fits the facts and the client’s objectives.

Before You Contact Us

Please consider contacting us about a civil theft matter only if:

  • There is clear evidence suggesting intentional misappropriation

  • The amount at issue is significant

  • The defendant has assets or insurance that can satisfy a judgment

  • You are prepared to engage on a retainer and hourly fee basis

  • You understand civil theft claims involve formal litigation

If your situation does not meet these criteria, another legal approach may be more appropriate.

Speak With a Florida Civil Theft Attorney

Civil theft cases are highly fact-dependent and legally specialized. If your matter involves intentional misappropriation in a business, real estate, or construction context, you may request an evaluation.

All civil theft inquiries are screened carefully. If your case does not meet the legal or practical requirements for litigation, we will guide you toward other options.