Florida Civil Theft Demand Letter: Requirements, Sample, and Delivery

A Florida civil theft demand letter is the written pre-suit demand that Section 772.11 of the Florida Statutes requires you to send before filing a civil theft lawsuit.¹ It has to demand either $200 or three times your actual loss, whichever is greater, and it has to give the recipient 30 days to pay. Skip it, or get it wrong, and a Florida court can throw your case out before the merits are ever heard.

What the Letter Has to Demand

Section 772.11 requires a written demand for “$200 or the treble damage amount,” whichever applies. In practice that means three times your actual loss in almost every case. If someone took $5,000, demand $15,000. If the loss is small enough that tripling it comes to less than $200, demand $200.¹

The demand isn’t a formality. Florida courts treat it as a condition precedent to suit, meaning the case cannot proceed without it. In one appellate case, a trial court was told it should have directed a verdict against a plaintiff who failed to satisfy the requirement.² You cannot backfill a bad demand later.

What to Put in the Letter

Section 772.11 itself is sparse. It requires a written demand for the statutory amount and doesn’t list specific fields. But a vague letter gives the recipient room to argue they didn’t understand what was being demanded or why, and that argument becomes a challenge to the adequacy of your demand. Cover the following:

Your name and contact information, so the recipient knows who is demanding payment and where to send it.
The recipient’s full name and address, which identifies who you’re accusing and creates a paper trail.
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 under Section 772.11.
A reference to Section 772.11, putting the recipient on notice that this is a statutory civil theft demand and not an ordinary collection letter.
The 30-day compliance window, stated clearly.
A statement that if the recipient pays within 30 days, you will provide a written release from further civil liability for the theft.

Keep the tone factual. Threats, personal attacks, or accusations beyond what you can prove don’t strengthen the demand, and they can undercut your credibility if the letter ends up as a trial exhibit.

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, for example: “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 It

Section 772.11 does not specify a delivery method. It requires a “written demand” but doesn’t tell you to use certified mail, personal service, or anything else.¹

Send it certified mail with return receipt requested anyway. The 30-day clock starts when the recipient receives the letter, and the green card or electronic confirmation from the postal service proves the exact 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. The postage is trivial compared to that risk.

What Happens During the 30 Days

Once the recipient gets the letter, the countdown begins. If they pay the full demanded amount within 30 days, you must provide a written release from further civil liability for the theft described in your demand.¹ That release covers only the theft you described. It doesn’t waive other claims or other incidents.

If the 30 days pass without payment, you can file suit. Don’t file early. The statute doesn’t explicitly forbid filing during the 30 days, but Florida courts treat the demand-and-wait sequence as a condition precedent, and an appellate court has directed a verdict against a plaintiff who failed to satisfy it.²

A partial payment is the awkward case. The statute contemplates full compliance in exchange for a release, not installments. A partial payment does not obligate you to release the recipient, though it may reduce your actual damages if you proceed to trial. If the response is anything other than full payment or total silence, talk to an attorney before you file.

Make Sure You Actually Have a Civil Theft Claim

Before you send the letter, be honest about whether you can prove theft, not just a broken deal. Florida defines theft as knowingly obtaining or using another person’s property with the intent to deprive them of it.³ The word doing the work is “knowingly.” A contractor who takes your deposit and disappears might be a thief. A contractor who does bad work probably breached a contract.

Florida courts have repeatedly held that failing to pay money owed under a contract is not civil theft. You must prove “felonious intent to steal,” and you must prove it by clear and convincing evidence, a higher standard than the “more likely than not” bar in ordinary civil cases.¹

The statute cuts both ways on fees. Win, and you can recover reasonable attorney’s fees and court costs on top of treble damages. Lose, and if the court finds your claim lacked “substantial fact or legal support,” the defendant can recover their fees and costs from you. The court cannot consider your ability to pay when setting that award.¹ A weak civil theft demand isn’t just a wasted letter; it can put you on the hook for the other side’s legal bills. If you aren’t confident you can meet the clear and convincing standard, a breach of contract claim is the safer route.

One boundary worth knowing: the same civil theft remedy applies to exploitation of elderly or disabled adults under Section 825.103 when someone in a position of trust or business relationship knowingly takes their money or property, or does so knowing the person lacks capacity to consent.⁴

How Long You Have to File

Florida gives you five years to bring a civil theft action under Section 772.17. The clock runs from either the accrual of the cause of action or the end of the wrongful conduct, whichever is later. That second option matters when the theft is an ongoing scheme rather than a single event; if someone embezzled from your business over three years, the clock doesn’t start until the embezzlement stops.

Don’t wait to the edge of the deadline. Evidence goes stale, memories fade, and a recipient who knows the window is closing may move assets out of reach. Once you have enough information to describe the theft and calculate your damages, send the demand.

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