Florida Statute 772.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 772
CIVIL REMEDIES FOR CRIMINAL PRACTICES

View Entire Chapter

F.S. 772.104

772.104 Civil cause of action.—

(1) Any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions of s. 772.103 shall have a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts.

(2) As an alternative to recovery under subsection (1), any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions of s. 772.103 due to sex trafficking or human trafficking shall have a cause of action for threefold the amount gained from the sex trafficking or human trafficking and in any such action is entitled to minimum damages in the amount of $200 and reasonable attorney’s fees and court costs in the trial and appellate courts.

(3) In no event shall punitive damages be awarded under this section. The defendant shall be entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim which was without substantial fact or legal support. In awarding attorney’s fees and costs under this section, the court shall not consider the ability of the opposing party to pay such fees and costs. Nothing under this section shall be interpreted as limiting any right to recover attorney’s fees or costs provided under other provisions of law.

History.—s. 3, ch. 86-277; s. 1180, ch. 97-102; s. 3, ch. 2006-168.

F.S. 772.104 on Google Scholar

F.S. 772.104 on Casetext

Amendments to 772.104

Arrestable Offenses / Crimes under Fla. Stat. 772.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 772.104.

Annotations, Discussions, Cases:

Cases Citing Statute 772.104

Total Results: 20

Fidelity Warranty Services, Inc. v. Firstate Insurance Holdings, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-10-03

Citation: 98 So. 3d 672, 2012 WL 4511329, 2012 Fla. App. LEXIS 16726

Snippet: without substantial fact or legal support.” §§ 772.104(8), 812.035(7), Fla. Stat. The trial court found

Eagletech Communications, Inc. v. Bryn Mawr Investment Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-02-01

Citation: 79 So. 3d 855, 2012 WL 280242, 2012 Fla. App. LEXIS 1346

Snippet: to do so. § 772.103, Fla. Stat. (2000). Section 772.104(1) provides civil remedies for violations of section

McKenzie v. Betts

Court: District Court of Appeal of Florida | Date Filed: 2011-02-02

Citation: 55 So. 3d 615, 2011 Fla. App. LEXIS 1044, 2011 WL 309318

Snippet: actions for certain criminal practices). See also § 772.104 (authorizing treble actual damages and entitling

Bortell v. White Mountains Insurance Group, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2009-01-28

Citation: 2 So. 3d 1041, 2009 Fla. App. LEXIS 578, 2009 WL 187708

Snippet: action, Bortell alleges violations of sections 772.104(1), 772.103(3), and 772.102(1)(a)10., Florida Statutes

Xpress Title, Inc. v. Jason M. Wandner, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2007-01-17

Citation: 959 So. 2d 278, 2007 Fla. App. LEXIS 374, 2007 WL 102493

Snippet: misrepresentation and violations of sections 501.204 and 772.104, Florida Statutes (2004), and against the Mendezes

Rollins, Inc. v. Butland

Court: District Court of Appeal of Florida | Date Filed: 2006-12-15

Citation: 951 So. 2d 860, 2006 WL 3686484

Snippet: representations that violate Florida Statutes, sections 772.104, 817.06, and 817.41."[2] The circuit court certified

Rollins, Inc. v. Butland

Court: District Court of Appeal of Florida | Date Filed: 2006-06-30

Citation: 932 So. 2d 1172, 2006 WL 1791705

Snippet: representations that violate Florida Statutes, sections 772.104, 817.06, and 817.41."[2] The circuit court certified

Smith v. Viragen, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-03-02

Citation: 902 So. 2d 187, 2005 Fla. App. LEXIS 2470, 2005 WL 475412

Snippet: (Fla. 3d DCA 1990) (affirming fees under section 772.104 when the case was disposed of on the pleadings

Perlman v. Abel

Court: District Court of Appeal of Florida | Date Filed: 2004-07-28

Citation: 881 So. 2d 1156, 2004 Fla. App. LEXIS 11240, 2004 WL 1672392

Snippet: of attorney’s fees to appellants under section 772.104, Florida Statutes (1995). Contrary to appellants’

Bambu v. EI Dupont De Nemours & Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-05-26

Citation: 881 So. 2d 565

Snippet: liability case under the provisions of section 772.104 of the Florida Statutes. That section provides

Rollins, Inc. v. Butland

Court: District Court of Appeal of Florida | Date Filed: 2003-08-06

Citation: 852 So. 2d 895, 2003 WL 21799921

Snippet: representations that violate Florida Statutes, sections 772.104, 817.06, and 817.41." The trial court issued a

Black v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2002-04-03

Citation: 812 So. 2d 581, 2002 Fla. App. LEXIS 4315, 2002 WL 491860

Snippet: plaintiff sued the defendant for civil theft. See § 772.104, Fla. Stat (1995). The trial court ruled that the

RLS BUS. VENTURES v. Second Chance Wholesale, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-04-11

Citation: 784 So. 2d 1194, 2001 WL 356227

Snippet: 1. a contract between the parties; 2. section 772.104, Florida Statutes (1995); and 3. an offer of judgment

Stone v. Wall

Court: Supreme Court of Florida | Date Filed: 1999-06-17

Citation: 734 So. 2d 1038, 1999 WL 424384

Snippet: authority of sections 772.102(1)(a)(12), 772.103, 772.104 and 787.01, Florida Statutes (1987), pertaining

COMPTECH INTERN. v. Milam Commerce Park

Court: District Court of Appeal of Florida | Date Filed: 1998-05-20

Citation: 711 So. 2d 1255, 1998 WL 251087

Snippet: for civil theft (and, for that matter, section 772.104, Florida Statutes, the cause of action for racketeering)

Balas v. Ruzzo

Court: District Court of Appeal of Florida | Date Filed: 1998-01-02

Citation: 703 So. 2d 1076, 1997 WL 629142

Snippet: practices or racketeering pursuant to section 772.104, Florida Statutes. The petitioners claim that they

Moore Business Forms, Inc. v. Iberoamerican Electronics, S.R.L.

Court: District Court of Appeal of Florida | Date Filed: 1997-08-20

Citation: 698 So. 2d 611, 1997 Fla. App. LEXIS 9437, 1997 WL 476462

Snippet: attorney’s fees and costs pursuant to section 772.104, Florida Statutes (1989)). In Friedman v. Lauderdale

Delgado v. JW COURTESY PONT. GMC-TRUCK

Court: District Court of Appeal of Florida | Date Filed: 1997-03-21

Citation: 693 So. 2d 602, 1997 WL 125902

Snippet: civil RICO and civil theft statutes, sections 772.104 and 772.11, Florida Statutes (1991). See, e.g.

Bronson v. Bronson

Court: District Court of Appeal of Florida | Date Filed: 1997-01-03

Citation: 685 So. 2d 994, 1997 WL 1703

Snippet: 568 So.2d 531 (Fla. 3rd DCA 1990) and section 772.104, Florida Statutes (1995), the trial court erred

Capital Bank v. MVB, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1996-12-18

Citation: 683 So. 2d 1175, 1996 Fla. App. LEXIS 13141, 1996 WL 724293

Snippet: fees pursuant to the note, guaranty and section 772.104, Florida Statutes (1993).