Florida's Civil Remedies for Fraud and Theft: The Statutes

By Dominic L. Scheer, Esq., Florida Bar No. 1022250 · Reviewed by Dominic L. Scheer, Esq. · Last updated September 28, 2026

Links go to the Florida Legislature's official statute site and to the Florida Bar's rules page. The procedural requirements in these statutes are strict, and the treble damage claims in particular fail when the demand is skipped or done wrong.

What is civil theft in Florida?

Section 772.11, Florida Statutes provides in subsection (1) that any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of a violation of the theft statutes (sections 812.012 through 812.037) or the exploitation of an elderly or disabled adult statute (section 825.103(1)) has a cause of action for threefold the actual damages sustained, with minimum damages of $200 and reasonable attorney's fees and court costs. Before filing, the claimant must make a written demand for $200 or the treble damage amount; if the person to whom the demand is made complies within 30 days after receipt, that person is given a written release from further civil liability for the specific act. Theft itself is defined in section 812.014: knowingly obtaining or using, or endeavoring to obtain or use, the property of another with intent to deprive the other person of it or to appropriate it to one's own use or the use of someone not entitled to it.

Want to see the numbers for your own loss? The fraud and theft recovery estimator applies the threefold figure to the amount you enter and walks through what decides collection.

What is Florida's civil racketeering claim?

Section 772.103 makes it unlawful, among other things, to use proceeds of a pattern of criminal activity to acquire an interest in real property or an enterprise, to acquire or maintain an interest in an enterprise through a pattern of criminal activity, or to conduct or participate in an enterprise through such a pattern. Section 772.104 gives any person who proves by clear and convincing evidence that he or she has been injured by a violation of section 772.103 a cause of action for threefold the actual damages, minimum damages of $200, and reasonable attorney's fees and court costs.

What if the money has already been moved?

Section 726.105 defines a transfer that is fraudulent as to creditors, including one made with actual intent to hinder, delay or defraud any creditor, and lists the badges of fraud. Section 726.108 sets out the remedies: avoidance of the transfer to the extent necessary to satisfy the claim; an attachment or other provisional remedy against the asset; and, subject to equitable principles, an injunction against further disposition, appointment of a receiver, and any other relief the circumstances require. A creditor with a judgment may levy on the transferred asset if the court so orders.

What about a scheme to defraud?

Section 817.034, the Florida Communications Fraud Act, defines a scheme to defraud as a systematic, ongoing course of conduct with intent to defraud or to obtain property by false or fraudulent pretenses, and makes engaging in such a scheme and obtaining property a felony graded by the aggregate value. It is a criminal statute, but a civil theft or fraud claim often rests on the same facts.

Worthless checks and deceptive practices

Section 68.065 provides in subsection (3)(a) that the maker of a worthless payment instrument is liable to the payee for the amount owing plus damages of triple that amount, and in subsection (4) that a written demand in the statutory form must be delivered first, giving 30 days to pay. Section 501.211 provides that anyone aggrieved by a violation of the Deceptive and Unfair Trade Practices Act may seek a declaratory judgment and an injunction, and that a person who has suffered a loss may recover actual damages plus attorney's fees and costs as provided in section 501.2105, which awards fees to the prevailing party, on either side, after judgment and exhaustion of appeals.

Does the criminal case pay me back?

Section 775.089, Florida Statutes provides in subsection (1)(a) that, in addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the offense and for damage or loss related to the criminal episode, unless it finds clear and compelling reasons not to. Restitution depends on a conviction, on the loss being presented correctly, and on the defendant's ability to pay. The civil judgment does not depend on any of those.

Why can't my lawyer threaten to press charges?

Because the Rules Regulating The Florida Bar, at Rule 4-3.4(g), provide that a lawyer must not present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter. Reporting a crime is proper. Pursuing a civil claim is proper. Tying one to the other to force a payment is not, and a demand letter that does it can damage the civil case and the lawyer. Our approach is described on the main fraud and theft page.

Frequently Asked Questions

What must I do before filing a civil theft claim in Florida?

Serve a written demand for $200 or the treble damage amount. Under section 772.11(1), if the recipient complies within 30 days of receipt, they are released from further civil liability for that act. Filing without the demand, or with a defective one, undermines the treble claim.

What is the standard of proof for civil theft?

Clear and convincing evidence, under section 772.11(1). Ordinary fraud, conversion and breach of fiduciary duty claims use the lower preponderance standard, which is why they are usually pleaded alongside.

Can a court freeze the assets of the person who defrauded me?

Section 726.108 authorizes attachment, an injunction against further disposition, and appointment of a receiver in an action against a fraudulent transfer, subject to the rules of civil procedure and equitable principles.

Is restitution automatic in a Florida criminal case?

Section 775.089(1)(a) requires the court to order restitution unless it finds clear and compelling reasons not to. It still depends on a conviction, an accurate loss figure, and the defendant's ability to pay.