Florida Demand Letter
Florida's civil theft statute, its bad check demand law, and its consumer collection act each shape what a written demand can say and when it is required.
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What is this demand about?
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Introduction
Under Florida law, a written demand is not just good practice for certain claims, it is a required first step. Florida Statute 772.11 lets a person injured by theft, a bad faith bounced check, or the exploitation of an elderly or disabled person send a written demand for $200 or the treble damage amount before filing an action for treble damages under that section, and a recipient who pays within 30 days after receiving the demand receives a written release from further civil liability for that act. Florida's consumer protection law, the Florida Deceptive and Unfair Trade Practices Act, has no such presuit notice step, so the civil theft demand is the statute Florida senders reach for most often. A separate law, Florida Statute 68.065, requires a written demand delivered by certified or registered mail, or by first-class mail with an affidavit of service, before you can sue over a dishonored check for triple damages. This page builds a Florida specific demand letter around whichever of these applies, plus the state's small claims limit, filing deadlines, and collection rules. If your dispute is over a security deposit or a final paycheck, use DocDraft's Florida security deposit demand letter or final paycheck demand letter pages instead, since those claims follow their own rules.
Key Things to Know
- 1
Florida's civil theft law, Fla. Stat. 772.11, requires a written demand for $200 or the treble damage amount before you file an action for treble damages under that section over theft, a bad faith bounced check, or exploitation, and a recipient who pays within 30 days of receiving it gets a written release from further liability for that act.
- 2
Bouncing a check in Florida can trigger a separate demand under Fla. Stat. 68.065: you must send written notice by certified or registered mail, or by first class mail with an affidavit of service, and the recipient has 30 days from receipt of the notice to pay before you can sue for triple the amount owed, with a $50 minimum recovery if you win.
- 3
Florida's consumer protection law, the Florida Deceptive and Unfair Trade Practices Act, does not require any presuit notice before an individual sues for actual damages, unlike some other states' consumer laws.
- 4
The deadline to sue on a written contract in Florida is 5 years, but a contract or debt not based on a written instrument, including most open accounts, gets only 4 years under Florida Statute 95.11.
- 5
A 2023 change to Florida law cut the deadline for an ordinary negligence based property damage claim, such as a car accident, from 4 years down to 2 years, so do not assume the older 4 year window still applies.
- 6
Florida's Consumer Collection Practices Act reaches first party creditors collecting consumer debt (money owed for personal, family, or household purposes), not just outside collectors, and bars things like impersonating a law enforcement officer or knowingly asserting a debt or right that does not exist. A demand letter should never threaten arrest, jail, or criminal prosecution to collect a civil debt.
- 7
If your claim fits within Florida's small claims limit of $8,000, exclusive of costs, interest, and attorney's fees, you can sue in County Court's Small Claims Division, where Florida allows attorneys to appear, unlike states that bar them; the interest rate on any judgment you win is fixed when the judgment is entered and then adjusted annually until paid, not a fixed percentage set in advance.
Key decisions before you file
Before you file a Demand Letter in Florida, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.
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Florida Requirements for Demand Letter
Civil Theft Written Demand Requirement
Before suing for treble damages arising from theft, a bad faith bounced check, or the exploitation of an elderly or disabled person, Florida Statute 772.11 requires a written demand for $200 or the treble damage amount. A recipient who pays within 30 days after receiving the demand receives a written release from further civil liability for that act.
Bad Check Demand Delivery Method
A written demand for a dishonored check must be delivered by certified or registered mail, or by first class mail with an affidavit of service, under Florida Statute 68.065. The recipient then has 30 days from receipt of the notice to pay before you may sue for triple the amount owed, subject to a $50 minimum recovery.
No FDUTPA Presuit Notice Requirement
Florida's consumer protection law, the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. 501.211, does not require a demand letter or any other notice before an individual sues for actual damages.
Written Contract Limitations Period
A claim on a written contract must be filed within 5 years under Florida Statute 95.11(2)(b). A contract or debt not founded on a written instrument, including most open accounts, must be filed within 4 years under Florida Statute 95.11(3)(j).
Shortened Negligence Property Damage Deadline
A 2023 change to Florida Statute 95.11(5)(a) cut the deadline for an ordinary negligence based property damage claim from 4 years to 2 years, so a letter should not rely on the older 4 year period.
Floating Judgment and Prejudgment Interest Rate
Florida does not use a fixed legal interest rate. Under Florida Statute 55.03, the state sets the judgment interest rate quarterly by averaging the Federal Reserve Bank of New York discount rate over the prior 12 months and adding 400 basis points, and Florida Statute 687.01 applies that same rate when a contract is silent on interest.
Small Claims Court Limit and Attorney Access
Claims up to $8,000, exclusive of costs, interest, and attorney's fees, may be filed in County Court's Small Claims Division under Florida Small Claims Rule 7.010(b). Unlike some states, Florida allows attorneys to represent parties in small claims cases.
Consumer Collection Conduct Limits Apply to Creditors
The Florida Consumer Collection Practices Act, Fla. Stat. 559.72, uses broad person based language that reaches first party creditors collecting consumer debt, not only third party debt collectors. It prohibits impersonating a law enforcement officer, threatening force, and knowingly asserting a debt or right that does not exist.
No Attorney Fee Presentment Requirement
Florida has no general statute requiring presentment and a waiting period before attorney's fees are recoverable, unlike some other states. Fees follow only from a contract clause, Florida Statute 57.105(7)'s reciprocal fee rule, or a specific statute such as the civil theft fee shifting under Florida Statute 772.11.