Florida Statute 772.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 772
CIVIL REMEDIES FOR CRIMINAL PRACTICES

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F.S. 772.11

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.

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Amendments to 772.11

Arrestable Offenses / Crimes under Fla. Stat. 772.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 772.11.

Annotations, Discussions, Cases:

Cases Citing Statute 772.11

Total Results: 20

Petro Welt Trading ges.M.B.h v. Edward Brinkmann

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-08T00:00:00-08:00

Snippet: ; (3) conversion; (4) civil theft under section 772.11 of the Florida Statutes; (5) fraudulent transfer

BHANDARI, JAMUNA PETROLEUM, INC. v. CONKLIN

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: issued a civil theft demand pursuant to section 772.11(1), Florida Statutes (2020). After four more months

FRANKLIN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-10T00:00:00-07:00

Snippet: expiration of the statute of limitations. See § 772.11, Fla. Stat. (2019) (providing for a civil remedy

Carlos Batista, etc. v. Ramiro A. Rodriguez, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: preclude a challenge after the ward's death.”); § 772.11(4), Fla. Stat. (“The death of an elderly or disabled…284 So. 3d 1097, 1099 (Fla. 4th DCA 2019))); § 772.11, Fla. Stat. Because Batista stated a claim for

Dror Levy, etc. v. Eliezer Tabib, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-03T00:00:00-08:00

Snippet: ruling concerning an award of fees under [section 772.11, Florida Statutes] is subject to an abuse of discretion…. 2d 1324, 1325 (Fla. 2d DCA 1991) (“[S]ection 772.11 provides a civil remedy for theft. It entitles …substantial fact or legal support.’” (quoting § 772.11(1), Fla. Stat.)); Nodal v. Infinity Auto Ins. …denial of attorney’s fees and costs under section 772.11 only where “no record evidence [supported] the

WORLD CELLPHONES DISTRIBUTORS CORP., etc. v. DE SURINAAMSCHE BANK N.V., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: -037 or section 825.103(1), Florida Statutes. § 772.11(1), Fla. Stat. Section 812.014(1), Florida Statutes

SARA WARD v. RIVKA LIEBER, as Personal Representative of the ESTATE OF LILLIAN K. WASSERMAN

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-03T23:53:00-08:00

Snippet: the defendant seeking damages pursuant to section 772.11, Florida Statutes (2019), entitled, “Civil remedy

DARIO AYALA, individually, and INRI INC., d/b/a ARMS INTL v. INTERAVIA SPARES AND SERVICES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-08T23:53:00-08:00

Snippet: civil remedy for injury resulting from theft. See § 772.11(1), Fla. Stat. (2021). A plaintiff who establishes…intent necessary to create liability under section 772.11. In his reply brief, Appellant insists that this…substantial fact or legal support. Section 772.11’s plain language requires us to reject this argument…claim lacks “substantial fact or legal support.” § 772.11(1), Fla. Stat. (2022). To disregard this qualification

YAIR BARAK v. ACS INTERNATIONAL PROJECTS, LTD., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-06T00:53:00-07:00

Snippet: actual damages sustained.”2 See § 772.11(1), Fla. Stat.; Standard Jury Instructions–Civil

PHILIP J. SHECHTER, etc. v. R.V. SALES OF BROWARD, INC., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-06T00:53:00-07:00

Snippet: comply with the demand requirements under section 772.11, Florida Statutes (2013). The court either reserved

NICOLAOS MALLAS v. GEORGE V. MALLAS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-18T00:53:00-07:00

Snippet: is proper under section 772.11. The above-quoted language in section 772.11 is not as broad as the contractual…appellees”) attorney’s fees and costs under section 772.11, Florida Statutes (2019), the civil theft statute…entitlement to attorney’s fees and costs under section 772.11 and as a sanction against appellant for various…included an award of fees for fees under section 772.11. Appellees were separately awarded $12,000.00 in…Horowitch, 107 So. 3d 362, 367 (Fla. 2013). Section 772.11 states the following: The defendant is entitled

SHAYEH DOV, etc. v. NIRESTATES LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-19T00:53:00-07:00

Snippet: Transaction) • Count III—civil theft under section 772.11, Fla. Statutes, against Dov, seeking treble…Transaction) • Count IV—civil theft under section 772.11 against Dov, seeking treble damages (Miami…finding Dov liable of civil theft under section 772.11 as alleged in Counts III and IV, awarding Nirestates

SHAREE BAILEY v. ARVA COVINGTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-07T00:53:00-07:00

Snippet: 775.082, s. 775.083, or s. 775.084. 3 Section 772.11(1), Florida Statutes (2020) provides, in part: … be proven by clear and convincing evidence. § 772.11(1), Fla. Stat. (2020); Transcapital Bank v. Shadowbrook…clear and convincing evidence.”5 5 Section 772.11 (1), Florida Statutes (2020), provides, in part… cannot sustain a cause of action under section 772.11(1) (see FN4). We decline to address this issue

TANER GOKALP and SAMTRAC CORP. v. MEHMET SERHAN UNSAL

Court: Fla. Dist. Ct. App. | Date Filed: 2019-12-10T23:53:00-08:00

Snippet: 697 So. 2d 524, 528 (Fla. 1st DCA 1997); see § 772.11(1), Fla. Stat. (2014) (civil remedy for theft).

AVP DESTINY LLC v. ELISABETH DELUCA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-10T00:53:00-07:00

Snippet: count. Pursuant to the civil theft statute, section 772.11, Florida Statutes, the court trebled that amount

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-19T23:53:00-08:00

Snippet: , 968 n.1 (Fla. Dist. Ct. App. 2015) (citing § 772.11(1), Fla. Stat. (2012)). 117 See supra note 18 and

Florida Recovery Adjusters v. Pretium Homes

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-20T23:53:00-08:00

Snippet: to Pretium. Subsequently, based on section 772.11(1), Florida Statutes (2014), Pretium alleged a…addition, the Florida Civil Theft Statute, section 772.11(1), Florida Statutes (2014), provides that the…addition to Pretium’s failure to comply with sections 772.11(1) and 812.014(1), Pretium’s complaint directly

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