Legal Question in Civil Litigation in Florida

Re: Civil Remedies for Criminal Practices Act, Florida Statutes 772.11

Florida Statute 772.11(1) states " (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."

It is my recommendation that if you dispute the amount owed then either pay the $200.00, which seems to be the minimum penalty regarless of actual damages or; there is one case out of the 3rd DCA called Krontz that dealt with someone uttering a worthless check under Florida Statute 68.065. The panlties are almost the same. But in that case, they allowed the individual to put the $200.00 into the registry of the court until such time as it was determined whether the other side was properly entitled to it or not. This is done by going to the clerk of court and requesting that they hold the $200.00 for you with regards to this case.

Good luck,

Randall Gilbert