Civil Penalties for Shoplifting in Florida

In addition to criminal charges, people charged with shoplifting in Florida face the threat of civil penalties sought by retailers to recoup the costs of theft and deter future offenses. Understanding these additional civil consequences is critical when faced with a shoplifting accusation in Florida. Retaining legal counsel experienced in defending against retailers’ civil demands as well as criminal charges is essential.

Civil Demand Letters in Florida

When a store apprehends a suspected shoplifter, they typically call law enforcement to press criminal shoplifting charges. Even if the charges don’t ultimately stick, the retailer will pursue monetary compensation by sending a civil demand letter to the accused.

Florida’s Civil Shoplifting Damages Statute

The specific statute retailers use to justify these civil demands is Florida Statute 772.11. This law allows any person injured by theft crimes like shoplifting to recover:

  • Damages three times the actual loss sustained
  • Minimum damages of $200
  • Reasonable attorney’s fees and court costs

Before filing a lawsuit, the injured party must send a written demand for $200 or treble damages. If the accused pays within 30 days, they are released from further civil liability.

So, the threatening letters sent after a shoplifting accusation rely on this statute to intimidate immediate payment by asserting inflated damages and litigation costs.

Retailers Commonly Pursuing Civil Penalties

National corporate retailers are the most aggressive in pursuing civil shoplifting damages, counting on their financial resources to coerce payment. Companies known for sending civil demand letters in Florida include:

  • Walmart
  • Target
  • Publix
  • CVS Pharmacy
  • Walgreens
  • Home Depot
  • Lowes
  • Best Buy
  • Marshalls/TJ Maxx
  • Kohls
  • Costco
  • Bloomingdales
  • Dillards
  • Saks 5th Avenue

Independent and small businesses generally do not engage in this practice. Larger corporations have formal asset protection departments that document and recover “inventory shrinkage losses” from shoplifting through civil courts.

Responding to Civil Demand Letters

Receiving a scary letter demanding payment can provoke anxiety. Many people submit payment immediately out of fear of getting sued. In most cases, this is perfectly fine if you are not going to fight the charge.

Payment should generally be avoided in the following situations:

  • You did not shoplift any merchandise
  • The shopkeeper lacked evidence to prove shoplifting
  • You have a potential defense to criminal charges

Ignoring the letters is not recommended either, as retailers may follow through with filing a lawsuit. Working with counsel to reply and judiciously handle the process is critical.

Fighting Back Against Civil Demands

Experienced lawyers will also evaluate potential counterclaims when civil demands seem unreasonable or abusive. There may be grounds to go on the offensive and pursue damages against the store for practices such as:

  • False imprisonment or detention
  • Defamation
  • Abuse of process
  • Malicious prosecution
  • Negligent or intentional infliction of emotional distress

By demonstrating your willingness to bring counterclaims, we gain essential leverage in negotiating a civil penalty down to something fair or dismissing it entirely. The retailer needs proof of actual damages, not just the ability to intimidate someone into paying whatever outrageous amount they demand.

Criminal Defense Attorney Assistance

My firm represents clients for criminal shoplifting charges and against retailers’ civil asset recovery efforts. We will stand up to stop exploitative and excessive civil demands while working to mitigate penalties if payment cannot be avoided.

If you or a loved one are facing criminal and civil consequences from an alleged shoplifting incident in Florida, I strongly advise consulting with counsel immediately. Please call my office for a free case review and discussion of the best strategies to protect your rights and limit penalties. I have successfully resolved numerous shoplifting civil and criminal cases throughout Miami and offer honest guidance on your options.

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