The Guide On What Is A Statutory Civil Theft Claim In Florida

One of the worst situations someone can face is being a victim of theft. In such a case, the victim will need to recover the stolen good(s) as a way to somehow repair the situation.

In this sense, Florida’s Civil Theft Statute may be a solid tool to recover damages for theft and theft-related civil actions, enabling the plaintiffs to seek attorney’s fees and treble (triple) damages.

Here you have a guide on what a statutory civil theft claim is in Florida and how you can use it in your favor in case of need.

Statutory Civil Theft Claim in Florida – Understanding the Concept

As provided by Florida law, a plaintiff can use the statutory civil theft claim as a legal resource in case of damages suffered as a result of:

• Theft of property, or
• Altered property, or
• Stolen property by a defendant.

Notice that the term “property” here has a broad definition, including anything of value such as:

• Real property, including things growing on, affixed to, and found in land.
• Tangible or intangible personal property, which includes rights, privileges, interests, and claims.

Legal Grounds for a Statutory Civil Theft Litigation

As provided by Florida Statutes (F.S.) Section 772.11, the plaintiff who prevails on a civil theft claim may recover, upon proper proof, three times the actual damages sustained, plus reasonable attorney’s fees and costs.

In this sense, we recommend you seek guidance with an expert attorney in Florida, as providing ground for such a type of litigation may be a complex task.

There are some key issues involved in a civil theft claim, which includes factors such as:

• Pre-suit notice.
• The burden of proof.
• Damages and attorney fees.

To facilitate understanding of this issue, we will address each of these topics separately.

Statutory Civil Theft Claim in Florida – Pre-Suit Notice

The first requirement before filing a civil theft claim for damages is that the plaintiff must give 30 days’ written notice to the defendant. This notice will contain a demand from the plaintiff, including a treble damage amount on the defendant.

In case the defendant complies with the demand within 30 days after receiving the demand, he/she must be given a written release from further civil liability regarding the act of theft by the defendant.

Statutory Civil Theft Claim in Florida – Burden of Proof

Unlike other civil claims, a civil theft claim is subject to a higher burden of proof. In this case, the plaintiff must prove his claim by providing “clear and convincing evidence.”

The definition of “clear and convincing evidence” refers to evidence that is precise, lacking in confusion, explicit, and of such weight that it produces a firm belief or conviction, without hesitation about the matter in issue.

Statutory Civil Theft Claim in Florida – Evidence

A jury in Florida considers some specific matters when deciding the merits of a civil theft claim, depending on the nature of the conduct at the specific issue.

On litigations involving statutory civil theft in Florida, typically three main violations are considered:

• Violation of F.S. 812.014 (Theft), or
• Violation of F.S. 812.016 (Possession of altered property), or
• Violation of F.S. 812.019 (Dealing in stolen property).

The first case occurs when the defendant obtained or used (or attempted to obtain or use) the plaintiff’s property with criminal intent. Here, criminal intent is defined as the intent to:

• Deprive the plaintiff, temporarily or permanently, of a right to the property or benefit from it, or
• Appropriate, temporarily or permanently, the property to use of any person not entitled to it.

In both cases, the actions of the defendant were a legal cause of damage to the plaintiff, providing ground for litigation for statutory civil theft.

Regarding the possession of altered property, Florida law provides that

• ” any dealer in property who knew or should have known that the identifying features, such as serial numbers and permanently affixed labels, of property in his or her possession had been removed or altered without the consent of the manufacturer, shall be guilty of a misdemeanor of the first degree (…)”

Regarding dealing in stolen property, Florida law provides that:

• “Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree (…)”
• “Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree (…)”

Statutory Civil Theft Claim in Florida – Damages and Attorney Fees

Last, the jury will determine the actual damage caused by the defendant to the plaintiff, and the court will apply the statutory formula, which is three times the actual damages once the verdict is announced.

Plus, the plaintiff is also entitled to receive reasonable amount of attorney’s fees and interest, to be assessed and included in any judgment.

Statutory Civil Theft Claim in Florida – We Can Help You

You do not need to face uncertainty while dealing with a statutory civil theft claim in Florida. If you either believe you have a claim for civil theft, or you have been served with a pre-suit notice for a lawsuit of civil theft, get help now.

Get in touch with Jurado & Farshchian, P.L. today by calling (305) 921-0440 or emailing [email protected] to schedule a consultation.