Legal Question in Criminal Law in Florida

I was shopping in a WalMart in Florida and opened a package, in the electronics department, to see if it had the correct connector. It did not and I put it back in the package and left it on the shelf. After paying for the other items I bought I was stopped and asked about the item. I was told that it is against the law in FL, Statutes Section 772.11, a civil remedies act, to open a package and would be receiving a letter regarding payment. They asked for all my personal information and took my drivers license information, social security number and, as they called it, my \"mug shot\". They did not call the police. I recently received a letter from an attorney\'s office in FL that they are representing WalMart and I must pay $200 within 30 days for the \"civil claim\". I was willing to buy the item I had opened but they told me no since I had attempted to leave the store without it. I am a criminal justice major in college and do not want anything on my record but feel that this is not right. I do not live in Florida but was in the state working for the summer for college money. What do you suggest?


Asked on 7/30/09, 11:23 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I suggest paying the $200 civil fine within 30 days, which the store is entitled to by the statute. In my opinion, there is no point in protesting it, especially with your degree and future employment on the line. \n\nFor future reference, you should know that opening packages in stores renders the item less than resellable --- I\'m not going to buy the electronic item that you previously opened, especially because I don\'t know if all the parts are in the box, if they are the right parts, or if they are broken parts. Thus, the store is damaged because they cannot resell that item. The statute gives the store a remedy which is $200. Next time, ask the store clerk rather than opening the box OR buy it and return it after if it is not compatible. \n\n

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Answered on 7/31/09, 1:43 am


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