Florida Civil Theft Demand Letter: Requirements, Sample, Delivery

A Florida civil theft demand letter is the written pre-suit notice required by Section 772.11 of the Florida Statutes before you can sue someone for taking your money or property.¹ The letter has to demand either $200 or three times your actual loss, whichever is greater, and it must give the recipient 30 days to pay before you file suit. Florida courts treat the demand as a condition precedent to the lawsuit, meaning if you skip it or botch it, your case can be thrown out.²

What the Letter Has to Say

Section 772.11 itself is sparse. It requires a “written demand” for $200 or the treble damage amount and does not spell out a list of required fields.¹ That brevity is a trap. A vague letter gives the recipient room to argue they didn’t understand what was being demanded or why, and that argument can sink your case later. Build the letter so a stranger reading it knows exactly who is accusing whom, of what, and for how much.

At a minimum, include:

Your name and contact information.
The recipient’s full name and address.
A factual description of the theft: what was taken, when, and how. Specific enough that the recipient cannot claim confusion about which transaction you mean.
The actual dollar amount of your loss.
The treble damage amount you are demanding, with the math shown. If your loss was $8,000, state that you are demanding $24,000.
A reference to Section 772.11, putting the recipient on notice that this is a statutory civil theft demand, not an ordinary collection letter.
The 30-day compliance window from receipt of the letter.
A statement that if the recipient pays within 30 days, you will provide a written release from further civil liability for the theft.

If your actual damages tripled come to less than $200, demand $200 instead. That is the statutory floor.

Keep the tone factual. Threats, insults, and accusations beyond what you can prove will not strengthen your position, and the letter can end up as an exhibit in court.

Sample Florida Civil Theft Demand Letter

Adjust the facts and figures to match your situation.

[Your Name]
[Your Address]
[City, State, ZIP]
[Date]

SENT VIA U.S. MAIL, RETURN RECEIPT REQUESTED

[Recipient’s Name]
[Recipient’s Address]
[City, State, ZIP]

RE: Pre-Suit Civil Theft Demand Pursuant to Florida Statute Section 772.11

Dear [Recipient’s Name]:

On or about [date of theft], you [describe the specific conduct, e.g., “received $10,000 from me as a deposit for renovation work on my home at (address), failed to perform any work, and refused to return the funds despite repeated requests”]. This conduct constitutes theft under Florida Statute Section 812.014.

Pursuant to Florida Statute Section 772.11, I am entitled to recover three times my actual damages. My actual loss is $[amount]. I hereby demand payment of $[three times the amount] within thirty (30) days of your receipt of this letter.

If you comply with this demand within 30 days, I will provide you with a written release from further civil liability for this theft. If you do not comply, I intend to file a civil lawsuit seeking treble damages, reasonable attorney’s fees, and court costs as permitted under the statute.

Sincerely,
[Your Signature]
[Your Printed Name]

How to Deliver the Letter

Section 772.11 does not require certified mail. It requires only a “written demand” and is silent on delivery method.¹ You could hand it to the recipient, send it by regular mail, or use a courier.

Use certified mail with return receipt requested anyway. The 30-day clock starts on receipt, and the green card or electronic confirmation proves the delivery date. Without proof of receipt, the recipient can deny ever getting the letter, and you have no way to show you satisfied the condition precedent to suit. The postage is cheap compared to the risk.

What Happens During and After the 30 Days

Once the recipient receives the letter, the 30-day countdown begins. If they pay the full demanded amount within that window, you must provide a written release from further civil liability for the theft described in your demand.¹ The release covers only that theft. It does not block other claims or other incidents.

If the 30 days pass with no payment, you can file your lawsuit. Filing earlier is risky. The statute does not explicitly say “you may not file during the 30 days,” but courts treat the demand-and-wait process as a condition precedent, and an appellate court has said a directed verdict was appropriate against a plaintiff who did not satisfy the requirement.² Wait out the clock.

Partial payments and disputes complicate things. The statute contemplates full compliance in exchange for a release, not partial payments. A partial payment does not obligate you to release the recipient, though it may reduce your actual damages at trial. If the response is anything other than full payment or complete silence, talk to an attorney before deciding what to do next.

A successful civil theft claim entitles you to three times your actual damages, a minimum of $200, and reasonable attorney’s fees and court costs at the trial and appellate levels.¹ The treble damages are automatic once you prove the theft. The statute also prohibits punitive damages on top of treble damages. If a minor living with their parents committed the theft, you can recover from the parents or legal guardian as well.

Before You Send: Make Sure It’s Really Civil Theft

Civil theft is not a general-purpose collection tool. Florida defines theft as knowingly obtaining or using someone else’s property with the intent to deprive that person of it, temporarily or permanently.³ The key word is “knowingly.” A contractor who takes your deposit and vanishes may be a thief. A contractor who does shoddy work probably breached a contract.

Florida courts have said that simply failing to pay money owed under a contract does not amount to civil theft. You must prove “felonious intent to steal,” and you have to prove it by clear and convincing evidence, a higher bar than the “more likely than not” standard used in ordinary civil cases.¹ If your only evidence is that someone owes you money and hasn’t paid, you probably have a breach of contract claim, not civil theft.

The statute also covers exploitation of elderly or disabled adults. When someone in a position of trust or a business relationship knowingly takes an elderly or disabled person’s money or property, that qualifies as exploitation under Section 825.103 and triggers the same civil theft remedies.⁴ The same remedies apply when the person knew or should have known the victim lacked capacity to consent.

Section 772.11 has teeth that cut both ways. If the defendant prevails and the court finds your claim lacked “substantial fact or legal support,” the defendant can recover their reasonable attorney’s fees and costs from you.¹ The court cannot consider your ability to pay. A weak civil theft claim can leave you owing thousands in the other side’s legal bills. Before you send the demand, be honest with yourself about whether you can prove felonious intent by clear and convincing evidence. If you can’t, a breach of contract claim is safer.

How Long You Have to Send It

Florida gives you five years to bring a civil theft action. Under Section 772.17, the suit must be filed within five years after the cause of action accrues or within five years after the wrongful conduct ends, whichever is later. The “whichever is later” piece matters when the theft is an ongoing scheme rather than a single event. If someone embezzled from your business over three years, the clock does not start until the embezzlement stops.

Don’t wait until the deadline is close. Evidence disappears, memories fade, and a recipient who knows about the five-year window may move assets out of reach. Once you have enough facts to describe the theft and calculate your loss, send the letter.

1
Florida Senate. Florida Statutes 772.11 – Civil Remedy for Theft or Exploitation
2
Florida Courts. Case No. 6D23-83 – Sixth District Court of Appeal
3
Florida Senate. Florida Statutes 812.014 – Theft
4
Florida Senate. Florida Statutes 825.103 – Exploitation of an Elderly Person or Disabled Adult; Penalties