Can I be liable under Florida Civil Theft law if I didn’t know the money was stolen?

Civil theft cases are often interesting scenarios where it can be unclear who can be held responsible for a theft.  For instance, what happens when the thief gives the stolen funds to another person?  Can the individual who received the stolen funds be held accountable under Florida’s civil theft law?

Florida’s Civil Theft Law

Civil theft, under Florida Statute §772.11, allows a victim of theft to sue the thief for damages in civil court.  This statute states that to be found liable under civil theft, the Plaintiff has to prove the thief broke one of the several different criminal theft laws.  One of the most committed is when a person “knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to either temporarily or permanently:

Deprive the other person of a right to the property or a benefit from it.

Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

Florida Statute §812.014 (2024).

Essentially, intent is the will to complete an action.  In a civil theft claim, the intent of the thief to take or manipulate someone else’s property and keep it or use it for themselves must be proven.  This is different from many other civil cases as normally the intent of the wrongdoer is not required to be proven.  But theft is a “specific intent crime”, requiring the accuser to prove that the thief acted with actual knowledge to take and keep the funds. 

The evidence required to prove a civil theft claim must be “clear and convincing”.  This is a higher standard of proof than many other civil cases, but it is not as high as the standard of proof in criminal cases, which is beyond and to the exclusion of all reasonable doubt.  Sincee intent is an action of the mind, it is not always possible to obtain direct proof of the thief’s intent.  So, the law allows the use of circumstantial evidence to prove the thief’s intent, such as the thief’s behavior after the theft.

The Dilemma of a Recipient of Stolen Money

So, if a person takes money from someone without their knowledge and permission and then gives it to someone else, the thief is clearly liable under civil theft as they deprived the owner of their money without permission.  Whether the person receiving the money is also liable requires the same analysis of the person’s intent:  did the person receiving the stolen money know that it was stolen?  To determine whether the receiving person possessed the requisite intent to be liable under civil theft, the law requires examination of the receiving person’s knowledge of the events surrounding the theft, and of the thief’s actions. Meaning, if the person did not know the money he or she received was stolen, they cannot be held liable.

Legal Principles Governing Unsuspecting Recipients

Florida courts have consistently differentiated between active participants and passive participants when it comes to theft.  The person accusing the receiving person of civil theft is required to prove that he or she knew that the money was stolen and intended to receive the stolen money.  The evidence of this intent must be by clear and convincing evidence.  The logic behind this is an unsuspecting recipient of stolen property lacks the required specific intent that is required to be held liable under civil theft if they received the property in good faith and without knowledge of its illicit origins.  Good faith in this context implies the absence of knowledge or suspicion of any wrongdoing.  This principle is crucial as it protects innocent parties from being unfairly caught up in legal disputes that come from another's criminal acts. It also keeps the burden of proof squarely on the party that brings the civil theft claim in order to demonstrate the recipient's knowledge or willful blindness to the stolen nature of the property.

What Does This Mean for You?

If you are the victim of a civil theft where the thief transfers the stolen property to you and you have no reason to believe that the money is stolen, then you cannot be liable under civil theft in Florida.  The law is designed to differentiate between active participants in theft and those innocently caught in its aftermath.  However, as with any case, the exact circumstances will dictate how the law applies. 

Need Help with a Civil Theft Case?

Civil theft cases can be complicated, especially when the stolen property ends up in the hands of someone other than the thief.  Having an experienced attorney in situations like these who can help you understand your legal options and navigate the process experience is essential to the most effective representation.  If you find yourself in a situation where a theft has occurred and you need the most effective representation, contact the Simpson-Cannon Law Firm today.