Civil Theft In Florida: Business Cases When Treble Damages Are On The Table

Calling something “theft” in a business dispute is the legal equivalent of pulling the fire alarm. Sometimes it is absolutely the right move. Other times, it is an overreach that backfires hard with fee shifting and credibility loss. Florida’s civil theft statute, Fla. Stat. § 772.11, is powerful because it can turn ordinary damages into treble damages, but it also has strict requirements that make it tougher than a typical contract claim. If you believe that you have been the victim of civil theft, our Miami, FL business lawyer can help you.

What “Civil Theft” Means In Florida

Florida civil theft is not a vibe and it is not just “they owe me money.” A civil theft claim is a civil remedy that’s tied to Florida’s criminal theft statutes. To win, the plaintiff must prove, by clear and convincing evidence, that they were injured by a violation of certain criminal theft provisions, including theft under Fla. Stat. § 812.014.

That “clear and convincing” standard is a real hurdle. It is higher than the usual civil standard (preponderance of evidence) and courts treat intent issues seriously, often as something that should be decided by the factfinder.

The Elements You Generally Must Prove

Florida appellate courts commonly describe civil theft as requiring proof that the defendant:

1. knowingly
2. obtained or used, or tried to obtain or use
3. the plaintiff’s property
4. with felonious intent
5. to deprive the plaintiff of a right to or benefit from the property, or to appropriate it to the defendant’s own use (or someone not entitled to it)

Felonious intent is the make-or-break issue. Federal courts applying Florida law have emphasized that felonious intent is a necessary element of proof, not an optional flourish.

Also, you need a legally recognized property interest in what was taken. Civil theft is much easier when the property is identifiable, specific, and provably yours (money in a segregated account, inventory, equipment, a particular check, clearly defined funds).

When Treble Damages Are Available And What Else You Can Recover

If you prove civil theft under § 772.11, the statute authorizes:

• threefold the actual damages sustained (treble damages)
• minimum damages of $200
• reasonable attorney’s fees and court costs (trial and appellate)

Important limits:

• Punitive damages are not allowed under § 772.11. Treble damages are the statute’s chosen punishment multiplier.
• If the court finds the claim was without substantial fact or legal support, the defendant can recover reasonable attorney’s fees and costs, and the court cannot consider ability to pay.

So yes, the upside is big. The downside is you can end up paying the other side’s fees if you swing and miss.

The Demand Letter Requirement People Mess Up

Before filing a civil theft lawsuit for damages, Florida requires a written demand for $200 or the treble damage amount, sent to the person liable. If the recipient complies within 30 days after receipt, they must be given a written release from further civil liability for that specific act of theft.

This is not a “nice to have.” It is a statutory pre-suit step built into § 772.11.

Two practical takeaways:

• A sloppy demand that does not demand the correct amount can create avoidable motion practice.
• Sending the demand starts a 30-day window where the other side may pay and force a release, which might be strategically fine or strategically awful depending on what else is going on.

Why “They Didn’t Pay Me” Is Usually Not Civil Theft

Florida courts have repeatedly warned, in substance, that civil theft is not established by a mere failure to pay monies contractually due. That is a contract dispute unless you can prove the criminal-theft-style intent and conduct.

That distinction matters because businesses often try to convert a payment dispute into civil theft to get treble damages and fees. Judges are skeptical when the “stolen” property is basically just an unpaid invoice, especially where there was consent to the payment arrangement at the start.

Civil theft becomes more plausible when you can show something like:

• money was taken from a specific account or trust arrangement
• property was diverted after being entrusted for a specific purpose
• inventory or equipment was taken and kept
• funds were collected on your behalf and intentionally withheld
• a check or identifiable funds were wrongfully appropriated

How Fast Do You Have To Sue: The Limitations Trap

Civil theft claims have timing issues that people ignore until it is too late. The Florida Bar has discussed civil theft limitations as generally requiring commencement within five years after the cause of action accrues, with additional nuances in certain theft-related civil frameworks.

Even if you think you have time, delay usually hurts because civil theft cases are evidence-heavy and intent-heavy. The longer you wait, the more likely it becomes that the record gets fuzzy and the defense frames it as nothing more than a contract squabble.

How Courts “Stop The Damage” In Civil Theft Cases

Civil theft cases do not always need emergency relief, but sometimes they do. If assets are being moved, dissipated, or hidden, plaintiffs often look for remedies that preserve the status quo while the case is pending.

In practice, this can include:

• immediate preservation demands and subpoenas for bank and payment records
• requests for injunctive relief in appropriate cases
• aggressive discovery focused on tracing funds and proving intent

Also, courts have recognized that summary judgment is often inappropriate in civil theft cases because intent is usually a fact issue for the finder of fact. That cuts both ways: it can make it harder for a defendant to knock out a strong claim early, but it also means a weak claim can drag on and rack up fee exposure.

When Alleging Civil Theft Is A Smart Move

Civil theft is most effective when you can prove a clean theft story with documents:

• you can identify the property with specificity
• you can show lack of consent or misuse beyond the scope of consent
• you have facts supporting felonious intent, not just nonpayment
• you can meet the clear and convincing evidence standard

It is much riskier when the dispute is really “they breached the contract,” and you are trying to use civil theft as leverage. Because if the court sees it that way, the shifting fee provision becomes a serious threat.

Civil Theft Claims In Florida Business Disputes

Our firm represents clients in Florida business disputes involving civil theft claims, including cases where specific property or funds were wrongfully taken. We also advise clients on the risks and requirements of asserting civil theft under Florida law.

If you are considering a civil theft claim or facing one, contact Perez Mayoral, P.A. at 866-416-2368 or [email protected] to schedule a consultation.