Q: After entering the PTD program for petty theft, the store mails a letter with a settlement fine from their lawyer. Do I have to pay it or the PTD program enrollment absolves me of this ?
A: Selected as "Best Answer" by Asker on AVVO!
Answered . That letter has nothing to do with diversion. It is a separate and distinct civil claim by the (store) victim.
In Florida, retailers are statutorily entitled to seek monetary relief from folks for acts civil theft. However, in order for a retailer to get the penalty, the retailer must first be able to prove (by clear and convincing evidence) that they were injured by your theft.
The statute (see F.S. 772.11 - for your convenience a link is attached below) authorizes the retailer to seek a minimum of $200 in damages, but to do so you either have to succumb to their demand (i.e. voluntarily pay them) or they (the retailer) will have to file a civil lawsuit, which will cost them hundreds just to file, and then hundreds or even thousands more to prosecute their claim.
In Florida, the civil demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which is not yet and which may never actually be filed. That said, and again in Florida, whether or not you pay is both a civil and a personal, not a criminal defense, related question.
FS 772.11 - Civil Theft / http://www.flsenate.gov/Laws/Statutes/2012/772.11
You may also wish to take a look at #HaberPA's VideoFAQ # 79) Do I have to Pay a Civil Demand Letter after being caught shoplifting?
@ https://youtu.be/YPdsgvwmwVE
I hope that this has been helpful and wish you the best of luck!
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