Florida Statute 772.11
“Civil remedy for theft or exploitation”
What it means
Anyone injured by a violation of the theft statutes (§§812.012–812.037) or by exploitation of an elderly or disabled person (§825.103(1)) has a civil cause of action for threefold the actual damages, with minimum damages of $200 plus reasonable attorney's fees and costs — proved by clear and convincing evidence. Before filing, the claimant must make a written demand for $200 or the treble amount; a defendant who pays within 30 days receives a written release for that act.
No punitive damages may be added. And the death of the elderly or disabled victim does not end the claim — the court keeps jurisdiction.
- Treble damages for theft (§§812.012–812.037) or elder exploitation (§825.103(1)), proved by clear and convincing evidence.
- Minimum damages of $200, plus reasonable attorney's fees and court costs, trial and appellate.
- A pre-suit written demand is required; payment within 30 days earns a written release for the specific act.
- No punitive damages — and a claim without substantial support exposes the claimant to the defendant's fees.
- The victim's death does not defeat an elder-exploitation claim (§772.11(4)); an elderly or disabled party may move to advance trial.
How it plays out
In estate work this statute is the recovery tool once financial exploitation surfaces — the caregiver who drained the accounts, the agent under a power of attorney who paid themselves. The claim survives the victim's death (§772.11(4), §46.021), so the personal representative can bring it. The clear-and-convincing standard is real: we assemble the bank records, deeds, and POA instruments before the statutory demand letter goes out, because the treble exposure is usually what brings the other side to the table.
Where this shows up
Pages on this site where § 772.11 does real work:
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