Understanding Civil Theft and Treble Damages in Florida: What Victims of Theft Need to Know

If someone has stolen from you or misused your property or funds, Florida law allows you to pursue more than just repayment,  you may be entitled to treble damages, or three times the amount taken. This right comes from Florida Statute §772.11, also known as Florida’s Civil Theft Statute.

Unlike a criminal theft case, a civil theft claim is filed in civil court by the victim seeking financial recovery. It’s a serious claim that carries significant penalties for the defendant, as it combines both restitution and punishment for intentional, theft-like conduct.

What Do You Have to Prove in a Florida Civil Theft Case?

To recover treble damages under §772.11, the plaintiff must meet a higher standard of proof than a typical civil claim. You must show, by clear and convincing evidence, that:

1. The defendant knowingly obtained or used, or tried to obtain or use, your property.
2. The defendant did so with felonious intent, meaning an intent to permanently or temporarily deprive you of that property.
3. The conduct violates one of Florida’s criminal theft statutes, typically found under Chapter 812 of the Florida Statutes.

In short, it’s not enough to show that someone wrongfully kept or misused your property. You must also prove intentional misconduct, that they acted with a criminal mindset, not simply negligence or poor business performance.

What Are Treble Damages in a Civil Theft Case?

When civil theft is proven, the court is required to award three times (3x) the actual damages sustained.

For example: If someone wrongfully takes $10,000 from you, you may be entitled to $30,000 in damages, plus reasonable attorney’s fees and court costs.

Treble damages exist to punish intentional misconduct and deter others from engaging in similar theft-like behavior in civil transactions. Because of this punitive purpose, Florida courts apply the standard strictly, meaning the evidence must clearly show theft, not just breach of contract or poor judgment.

What Is the Civil Theft Demand Letter in Florida?

Before filing a civil theft lawsuit, Florida law requires a pre-suit demand. The victim must send a written demand letter to the alleged offender, giving them 30 days to pay the claim. This letter must demand the full amount of treble damages. If the defendant pays within that 30-day window, the plaintiff cannot proceed with a civil theft lawsuit.

Failing to send this written demand before filing can result in dismissal of the civil theft claim. Because of this, working with an attorney to prepare the demand letter correctly is critical.

How Civil Theft Differs from Conversion or Breach of Contract

Civil theft is often confused with conversion, the wrongful exercise of control over someone else’s property. But there are key differences:

• Conversion involves wrongful possession or control of property, but not necessarily criminal intent.
• Civil theft requires felonious intent, the deliberate, unlawful taking or use of property.

Florida courts also emphasize that civil theft cannot be based solely on a contract dispute. There must be an independent act of theft, not just a failure to perform, pay, or deliver under an agreement.

For example, a business failing to pay an invoice may be a breach of contract, not theft. But if a business knowingly takes money for one purpose and diverts it for personal gain, that can qualify as civil theft.

How Treble Damages Work in Practice

Consider a situation where a contractor is paid a $50,000 deposit to purchase materials for a project, but instead spends the money for personal use and never performs any work.

If the client can prove the contractor intended to misappropriate those funds, the court can award:

• $50,000 × 3 = $150,000 in treble damages, plus
• Attorney’s fees and court costs.

That kind of financial consequence makes the civil theft statute one of the most powerful remedies available to Florida plaintiffs in theft-related civil disputes.

Can a Defendant Recover Attorney’s Fees if They Win?

Yes, under §772.11, if the defendant prevails and the court finds that the civil theft claim lacked substantial factual or legal support, the defendant may recover their attorney’s fees and costs.

Because of this, civil theft claims should never be filed lightly. They require strategic evaluation, strong factual backing, and precise legal framing, all of which an experienced business litigation attorney can provide.

Why You Should Consult a Florida Business Litigation Attorney

Civil theft cases are complex. They often overlap with business, real estate, or construction disputes, but carry far higher stakes. You must not only prove wrongdoing but also criminal intent, a burden that requires careful investigation and precise presentation.

At Ayala Law, our attorneys handle business and civil litigation cases throughout Florida, including claims involving theft of business funds, misappropriation, and conversion. We help clients evaluate whether a civil theft claim is viable, prepare the required demand letter, and pursue treble damages when justified.

If you believe someone has stolen or misused your money, property, or business assets, contact one of our experienced attorneys in Miami at 305-570-2208.

You can also contact our founding attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].