Legal Question in Civil Rights Law in Florida

My daughter is 15 years old. she was caught shoplifting. the store called and told me that the parent needed to pick her up. so i went and picked her up. i apologized to the store and offered to pay for the merchandise. she took and i was told it was not necessary. they did not charge her with any crime and mentioned she would not have any criminal record for this incident. however, through an attorney we received a fine of $200.00. the letter also stated that if we do not pay this fine we will be taken to court and will be held responsible for all court costs and legal expense. can you please tell me if she was not charged how can they fine us and is this legal to do?


Asked on 12/05/09, 6:30 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

This is a civil cause of action for theft. Florida statute is copied below. Yes, this is legal.

772.11 Civil remedy for theft or exploitation.--

(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.

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Answered on 12/10/09, 4:43 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

"Charged" or "prosecuted" refer to a criminal proceeding. Sounds like you have received a civil claim for theft -- which is different and perfectly permissible.

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Answered on 12/10/09, 5:19 pm


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