Elements of a Conversion Claim

Conversion is an intentional tort that protects against the wrongful deprivation of personal property. It is often described as the civil equivalent of theft. To succeed in a conversion claim in Florida, a plaintiff must prove three essential elements.

1. Plaintiff's Possessory Interest

The plaintiff must establish that they had ownership or a right to immediate possession of the property at the time the conversion occurred. A future or contingent right to the property is not sufficient.

2. Defendant's Wrongful Act (Intent)

The defendant must have committed an unauthorized act of dominion and control over the property that was inconsistent with the plaintiff's rights. The intent required is the intent to perform the act of control; a wrongful motive or a mistake of ownership is not a defense. The wrongful act can be:

An unauthorized taking of the property.
An unauthorized use or appropriation of the property.
An unjustified refusal to return the property after a demand from the rightful owner.

3. Causation and Damages

The plaintiff must show that the defendant's wrongful act caused the loss of the property. Unlike trespass to chattels, the interference must be substantial enough to be considered a serious deprivation of the plaintiff's rights.

Conversion of Money: A simple failure to pay a debt is a breach of contract, not conversion. A claim for conversion of money is only valid if the funds are specific and identifiable and were supposed to be kept separate or used for a particular purpose.

Conversion vs. Trespass to Chattels

Conversion and trespass to chattels are related torts, but they address different degrees of interference with personal property.

Trespass to Chattels involves a minor or temporary interference. The remedy is for actual damages (e.g., cost of repair, loss of use), and the plaintiff retains ownership.
Conversion involves a substantial or permanent interference, so serious that the law treats it as a forced sale. The remedy is the full fair market value of the property, and ownership transfers to the defendant upon payment.

Damages and Remedies

The primary remedy for conversion is designed to compensate the plaintiff for the total loss of their property.

Compensatory Damages

The standard measure of damages is the fair market value of the property at the time and place of the conversion, plus pre-judgment interest. Damages for loss of use or lost profits are generally not recoverable in a pure conversion claim.

Punitive Damages

Punitive damages may be awarded in cases of malicious or grossly negligent conduct, subject to the high procedural and evidentiary standards of Fla. Stat. § 768.72.

Civil Theft Statute

If the conversion also meets the elements of criminal theft (i.e., was done with "felonious intent"), a plaintiff can pursue a claim under Florida's Civil Theft Statute (§ 772.11). This powerful statute allows for the recovery of treble (triple) damages and attorney's fees but requires a higher burden of proof ("clear and convincing evidence").

Defenses to Conversion

A defendant can raise several defenses to defeat a conversion claim.

Substantive Defenses

Lack of Possessory Right: Arguing the plaintiff did not own or have the right to possess the property.
Consent: Proving the plaintiff gave permission for the defendant's use of the property.
Abandonment: Showing the plaintiff voluntarily and intentionally relinquished all rights to the property.
Privilege / Authority of Law: Demonstrating the act was legally justified, such as seizing property under a valid court order.

Procedural Defenses

The most important procedural defense is the statute of limitations. Under Fla. Stat. § 95.11(3)(g), a lawsuit for conversion must be filed within four years of the wrongful act.

Conversion in Florida