Florida Statutes
Fla. Stat. § 772.11 (2025)
Civil remedy for theft or exploitation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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772.11 Civil remedy for theft or exploitation.—
(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has 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. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is 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 that was without substantial fact or legal support. In awarding attorney’s fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney’s fees or costs provided under any other law.
(2) For purposes of a cause of action arising under this section, the term “property” does not include the rights of a patient or a resident or a claim for a violation of such rights.
(3) This section does not impose civil liability regarding the provision of health care, residential care, long-term care, or custodial care at a licensed facility or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice.
(4) The death of an elderly or disabled person does not cause the court to lose jurisdiction of any claim for relief for theft or exploitation when the victim of the theft or exploitation is an elderly or disabled person.
(5) In a civil action under this section in which an elderly or disabled person is a party, the elderly or disabled person may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and served with the civil complaint or at any time thereafter.
History.—s. 3, ch. 86-277; s. 47, ch. 88-381; s. 5, ch. 89-303; s. 1181, ch. 97-102; s. 2, ch. 2002-195; s. 8, ch. 2014-200.
Notes of Decisions
Cited in 226
cases (65 in the last 5 years), 1988–2026 · leading case: Kelly v. Palmer, Reifler, & Assocs., P.A., 681 F. Supp. 2d 1356 (S.D. Fla. 2010).
Kelly v. Palmer, Reifler, & Assocs., P.A., 681 F. Supp. 2d 1356 (S.D. Fla. 2010). “It is the firm’s position that Plaintiffs Simon and Baum voluntarily settled tort claims for which they owed damages to the firm’s retail clients pursuant to Florida’s civil theft statute, Fla. Stat. § 772.11 . The firm explains that the demand letters were sent pursuant to the…”
United States v. Bailey, 288 F. Supp. 2d 1261 (M.D. Fla. 2003). “12 The count alleging civil theft sought treble damages pursuant to Fla. Stat. § 772.11 (1). 13 In order to establish a claim for conversion of money under Florida law, a plaintiff must demonstrate, by a preponderance of the evidence: (1) specific and identifiable money; (2)…”
Allstate Ins. v. Palterovich, 653 F. Supp. 2d 1306 (S.D. Fla. 2009). “Florida Civil Remedies for Criminal Practices Act (Counts IX-X) Plaintiffs have successfully pled two causes of action under Florida’s Civil Remedies for Criminal Practices Act: namely, Fla. Stat. § 772.11 (Count IX) and Fla. Stat.”
Thais Cardoso Almeida v. Amazon.com, Inc., 456 F.3d 1316 (11th Cir. 2006). “08 (West 2006), for civil theft pursuant to Fla. Stat. § 772.11 (West 2006), and under Florida’s common law doctrine of invasion of privacy.”
Capital Factors, Inc. v. Gen. Plastics Corp. (In Re Gen. Plastics Corp.), 170 B.R. 725 (Bankr. S.D. Florida 1994). “Count VI (Fees Under Fla.Stat § 772.11) Capital Factors also claims an entitlement to recovery of attorneys’ fees against General Plastics pursuant to § 772.”
Arwood v. Dunn (In Re Caribbean K Line, Ltd.), 288 B.R. 908 (S.D. Fla. 2002). “Cross-Appeal: The Bankruptcy Court’s Dismissal of the Civil Theft Claim On cross-appeal, Dunn argues that the Bankruptcy Court’s findings in this case establish, against a clear and convincing standard of proof, that Arwood is liable for civil theft under Fla. Stat. § 772.11 .…”
United Tech. Corp. v. Mazer, 556 F.3d 1260 (11th Cir. 2009). “Fla. Stat. §§ 772.11 (providing civil remedy for theft or exploitation), 812.”
New Lenox Indus., Inc. v. Fenton, 510 F. Supp. 2d 893 (M.D. Fla. 2007). “Claim For Civil Theft Without citation to any supporting case law, Defendants argue that Plaintiff has failed to state a claim for civil theft in Count IV of the Complaint because Florida’s civil theft statute, Fla. Stat. § 772.11 , does not apply to the allegations, in the…”
Ciaramello v. D'Ambra, 613 So. 2d 1324 (Fla. 2d DCA 1991). “We write primarily to explain that in determining entitlement to attorney's fees under section 772.11, Florida Statutes (1989), courts are guided by different standards than those applicable to section 57.”
Starr Tyme, Inc. v. Cohen, 659 So. 2d 1064 (Fla. 1995). “Subsequently, Starr Tyme brought a civil suit for conversion, breach of fiduciary duty, unauthorized use of a credit card and civil theft under section 772.11, Florida Statutes (1991). [3] Cohen counter-claimed for breach of contract and sought an accounting of funds owed him.”
Ames v. Provident Life & Accident Ins., 942 F. Supp. 551 (S.D. Fla. 1994). “Fla.Stat.Ann. § 772.11 (West Supp.1994). Although the reading of § 812.”
Cont'l 332 Fund, LLC v. Albertelli, 317 F. Supp. 3d 1124 (M.D. Fla. 2018). “" *1145 Fla. Stat. § 772.11 . Defendants argue Count 4 should be dismissed for two reasons.”
— 772.11(1) — 28 cases
Kelly v. Palmer, Reifler, & Assocs., P.A., 681 F. Supp. 2d 1356 (S.D. Fla. 2010). “It is the firm’s position that Plaintiffs Simon and Baum voluntarily settled tort claims for which they owed damages to the firm’s retail clients pursuant to Florida’s civil theft statute, Fla. Stat. § 772.11 . The firm explains that the demand letters were sent pursuant to the…”
Russo v. Fink, 87 So. 3d 815 (Fla. 4th DCA 2012).
United States v. Bailey, 288 F. Supp. 2d 1261 (M.D. Fla. 2003). “12 The count alleging civil theft sought treble damages pursuant to Fla. Stat. § 772.11 (1). 13 In order to establish a claim for conversion of money under Florida law, a plaintiff must demonstrate, by a preponderance of the evidence: (1) specific and identifiable money; (2)…”
Dominguez v. Miami-Dade Cnty., 669 F. Supp. 2d 1340 (S.D. Fla. 2009).
Rhodes v. O. Turner & Co., LLC, 117 So. 3d 872 (Fla. 4th DCA 2013).
— 772.11(3) — 1 case
United Healthcare Servs., Inc. v. Sanctuary Surgical Centre, Inc., 5 F. Supp. 3d 1350 (S.D. Fla. 2014).
— 772.11(4) — 1 case
Carlos Batista, etc. v. Ramiro A. Rodriguez, etc. (Fla. 3d DCA 2024).
— 772.11(a) — 2 cases
Superior Garlic Intern., Inc. v. E & A, 934 So. 2d 484 (Fla. 3d DCA 2004).
Mcconley (N.D. Fla. 2025).
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