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Civil theft is a civil action granted to private persons. It is a statutory right, and in Florida it is defined in §812.012, Florida Statutes, as "obtaining or using the property of the Plaintiff by taking or exercising control over property, making that an unauthorized use, disposition, or transfer of property, such conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or other conduct similar in nature. . ."

The statute requires that the aggrieved person must place the accused/potential defendant on notice by providing to him a demand in writing that he make the potential plaintiff whole, or failing so to do litigation will be commenced. The Florida statute provides that if the aggrieved party wins, he is entitled to treble (three-fold) damages and attorneys's fees and costs. Because the statute provides for the trebling of damages and the automatic award of attorneys's fees, punitive damages do not lie.

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