Florida Statute 772.11
“Civil remedy for theft or exploitation”
What it means
A person who proves by clear and convincing evidence that he or she was injured in any fashion by a violation of §§ 812.012-812.037 (theft) or § 825.103(1) (exploitation of an elderly person or disabled adult) has a cause of action for threefold the actual damages, with minimum damages of $200 and reasonable attorney's fees and court costs in the trial and appellate courts (subsection (1)).
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. Punitive damages may not be awarded. The defendant is entitled to recover reasonable attorney's fees and court costs on a finding that the claimant raised a claim without substantial fact or legal support (subsection (1)).
The section does not impose civil liability regarding health care, residential care, long-term care, or custodial care at a licensed facility, or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice (subsection (3)). The death of an elderly or disabled person does not cause the court to lose jurisdiction of a claim for theft or exploitation when that person is the victim (subsection (4)). An elderly or disabled party may move to advance the trial (subsection (5)).
- Threefold the actual damages for a violation of §§ 812.012-812.037 or § 825.103(1), proved by clear and convincing evidence (§ 772.11(1)).
- Minimum damages of $200, plus reasonable attorney's fees and costs in the trial and appellate courts (§ 772.11(1)).
- A written demand for $200 or the treble amount is required before filing; compliance within 30 days earns a written release for the specific act (§ 772.11(1)).
- Punitive damages may not be awarded, and a defendant is entitled to recover fees and costs on a finding that the claim lacked substantial support (§ 772.11(1)).
- The victim's death does not cause the court to lose jurisdiction when the victim is an elderly or disabled person (§ 772.11(4)).
Text of the statute (2026)
(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney’s fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney’s fees or costs provided under any other law.
(3) This section does not impose civil liability regarding the provision of health care, residential care, long-term care, or custodial care at a licensed facility or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice.
(4) The death of an elderly or disabled person does not cause the court to lose jurisdiction of any claim for relief for theft or exploitation when the victim of the theft or exploitation is an elderly or disabled person. (5) In a civil action under this section in which an elderly or disabled person is a party, the elderly or disabled person may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and served with the civil complaint or at any time thereafter.
Excerpts are the subsections the summary relies on. Read the full official text of § 772.11.
History. s. 3, ch. 86-277; s. 47, ch. 88-381; s. 5, ch. 89-303; s. 1181, ch. 97-102; s. 2, ch. 2002-195; s. 8, ch. 2014-200.
How it applies
In an estate, this section is relevant when property of a decedent or an older adult was taken, including by an agent or caregiver. Subsection (4) provides that the death of an elderly or disabled victim does not cause the court to lose jurisdiction of the claim, and § 46.021 provides that causes of action survive. The statutory pre-suit demand and the 30-day compliance period come before any filing, and the violation must be proved by clear and convincing evidence.
Where this shows up
Pages on this site where § 772.11 does real work:
Related sections
Questions people ask
Sources
- Fla. Stat. § 772.11 (2026) (“has a cause of action for threefold the actual damages sustained” Treble damages.)
- Fla. Stat. § 825.103 (2026) (“Exploitation of an elderly person or disabled adult” Offense referenced in subsection (1).)
- Fla. Stat. § 46.021 (2026) (“No cause of action dies with the person.” Survival rule.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.