The civil theft and negligence counts were properly dismissed, in part, because no facts were alleged to the effect that the Board of Regents, the Comptroller, or Capital City Bank harbored any evil intent as far as their actions were concerned, or that these entities had knowledge that Smith was entitled to the funds in question.See Lewis v. Heartsong, Inc., 559 So.2d 453, 454 (Fla. 1st DCA 1990); Sanchez v. Encinas, 627 So.2d 489, 490 (Fla. 3d DCA 1993); City of Cars, Inc. v. Simms, 526 So.2d 119, 120 (Fla. 5th DCA), review denied, 534 So.2d 401 (Fla. 1988). Although the subject order does not set forth the trial court's reasons for dismissal of the state agencies, dismissal could have been properly based on the state's immunity from suit for damages pursuant to section 772.19, Florida Statutes, and the fact that state agencies are not persons within the meaning of section 812.014, Florida Statutes, the theft statute.
no Sons, 620 So.2d 1244 (Fla. 1993) (purely economic losses are not recoverable in tort); AMF Corp. v. Southern Bell, 515 So.2d 180 (Fla. 1987) (absent personal injury or property damage contract law is more appropriate than tort law in economic loss cases); Aetna v. Therm-O-Disc, 511 So.2d 992 (Fla. 1987) (no cognizable tort damages are sustained absent personal injury or physical property damage); F.P.L. v. Westinghouse Electric, 510 So.2d 899 (Fla. 1987) (contract principles are more appropriate than tort principles for resolving economic losses, Florida law does not allow recovery in tort without a claim for personal injury or property damage); Weimar v. Yacht Club Point Estates, 223 So.2d 100 (Fla. 1969) (where defendant has not committed a breach of duty apart from breach of contract there can be no action in tort); Swaebe v. Sears World Trade, 639 So.2d 1120 (Fla. 3d DCA 1994) (absent a separate and independent tort, breach of contract may not be converted into a tort action); Sanchez v. Encinas, 627 So.2d 489 (Fla. 3d DCA 1993) (bona fide contractual dispute negates any claim for civil theft); Gambolati v. Sarkisian, 622 So.2d 47 (Fla. 4th DCA 1993) (claim for civil theft and conversion may not lie where relationship is contractual in nature); Gilman Yacht Sales v. First Nat. Bank of Chicago, 600 So.2d 1131 (Fla. 4th DCA 1992) (action for civil theft or conversion will not lie in suit for breach of a brokerage contract); Kay v. Katzen, 568 So.2d 960 (Fla. 3d DCA 1990) (action for civil theft and conversion will not lie where claim is clearly contractual in nature); Futch v. Head, 511 So.2d 314 (Fla. 1st DCA) (oral contract will preclude finding of conversion, recovery of damages for breach of contract will not support an award of treble damages under Florida's RICO law), review denied, 518 So.2d 1275 (Fla. 1987); Rosen v. Marlin, 486 So.2d 623 (Fla. 3d DCA) review denied, 494 So.2d 1151 (Fla. 1986) (where damages sought in tort are same as damages sought in contract tort damages are not recoverable); Rolls v