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What is the statute of limitations on Florida Statute 772.11?

Gainesville, FL |

I adopted a child out of foster care. I was court ordered to put money that she had in a trust with the State of Florida into a custodial account pursuant the Florida Uniform Transfers to Minors Act. At what age is she entitled to that money? If she chooses to sue me based on Florida Statute 772.11, "Civil Remedy for Theft or Exploitation," is there a time limit for her to make the claim? I have not had contact with her since she turned 18 and she is now 23. Has her time run out for her to make a civil claim against me?

Attorney Answers 1


  1. 1. The answer to your limitations question is in the 772.17
    772.17 Limitation of actions.–Notwithstanding any other provision of law, a civil action or proceeding under this chapter may be commenced at any time within 5 years after the conduct in violation of a provision of this act terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought or intervened in by the state or by the United States to punish, prevent, or restrain any criminal activity or criminal conduct which forms the basis for a civil action under this chapter, the running of the period of limitations prescribed by this section shall be suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination.
    2. The balance of your question is confusing and not easily answered. If you took the child's money and did not do as the Court ordered, you could be guilty of a violation of the statue and you could be guilty of a crime. The minor becomes an adult at the age of 18 and the statute likely beings to run at that age.
    Seek legal help if the issues are not resolved. You could be in contempt of the Court Order and other sanctions could be imposed by the Court.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505