reglab/housing_qa huggingface dataset:
FL Stat § 768.139 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.139 - Rescue of vulnerable person or domestic animal from a motor vehicle; immunity from civil liability.

768.139 Rescue of vulnerable person or domestic animal from a motor vehicle; immunity from civil liability.—(1) DEFINITIONS.—As used in this section, the term:(a) “Domestic animal” means a dog, cat, or other animal that is domesticated and may be kept as a household pet. The term does not include livestock or other farm animals.(b) “Motor vehicle” has the same meaning as provided in s. 320.01.(c) “Vulnerable person” has the same meaning as provided in s. 435.02.(2) IMMUNITY FOR DAMAGE TO MOTOR VEHICLE.—A person who enters a motor vehicle, by force or otherwise, for the purpose of removing a vulnerable person or domestic animal is immune from civil liability for damage to the motor vehicle if the person:(a) Determines the motor vehicle is locked or there is otherwise no reasonable method for the vulnerable person or domestic animal to exit the motor vehicle without assistance.(b) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the vulnerable person or domestic animal is in imminent danger of suffering harm.(c) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter.(d) Uses no more force to enter the motor vehicle and remove the vulnerable person or domestic animal than is necessary.(e) Remains with the vulnerable person or domestic animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement or other first responder arrives.(3) APPLICABILITY.—This section does not limit or expand any immunity provided under s. 768.13 for the care or treatment of the vulnerable person or domestic animal.History.—s. 1, ch. 2016-18.
FL Stat § 768.14 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.14 - Suit by state; waiver of sovereign immunity.

768.14 Suit by state; waiver of sovereign immunity.—Suit by the state or any of its agencies or subdivisions to recover damages in tort shall constitute a waiver of sovereign immunity from liability and suit for damages in tort to the extent of permitting the defendant to counterclaim for damages resulting from the same transaction or occurrence.History.—s. 1, ch. 67-2204.
FL Stat § 768.16 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.16 - Wrongful Death Act.

768.16 Wrongful Death Act.—Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”History.—s. 1, ch. 72-35; s. 105, ch. 2003-1.
FL Stat § 768.17 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.17 - Legislative intent.

768.17 Legislative intent.—It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.History.—s. 1, ch. 72-35; s. 106, ch. 2003-1.
FL Stat § 768.18 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.18 - Definitions.

768.18 Definitions.—As used in ss. 768.16-768.26:(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.(2) “Minor children” means children under 25 years of age, notwithstanding the age of majority.(3) “Support” includes contributions in kind as well as money.(4) “Services” means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.(5) “Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.History.—s. 1, ch. 72-35; s. 66, ch. 77-121; s. 40, ch. 77-468; s. 1, ch. 81-183; s. 3, ch. 89-61; s. 1, ch. 90-14; s. 1167, ch. 97-102; s. 107, ch. 2003-1.
FL Stat § 768.19 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.19 - Right of action.

768.19 Right of action.—When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.History.—s. 1, ch. 72-35.
FL Stat § 768.20 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.20 - Parties.

768.20 Parties.—The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer’s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor’s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.History.—s. 1, ch. 72-35; s. 1168, ch. 97-102.
FL Stat § 768.22 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.22 - Form of verdict.

768.22 Form of verdict.—The amounts awarded to each survivor and to the estate shall be stated separately in the verdict.History.—s. 1, ch. 72-35.
FL Stat § 768.23 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.23 - Protection of minors and incompetents.

768.23 Protection of minors and incompetents.—The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship Law.History.—s. 1, ch. 72-35.
FL Stat § 768.24 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.24 - Death of a survivor before judgment.

768.24 Death of a survivor before judgment.—A survivor’s death before final judgment shall limit the survivor’s recovery to lost support and services to the date of his or her death. The personal representative shall pay the amount recovered to the personal representative of the deceased survivor.History.—s. 1, ch. 72-35; s. 1170, ch. 97-102.
FL Stat § 768.25 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.25 - Court approval of settlements.

768.25 Court approval of settlements.—While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.History.—s. 1, ch. 72-35.
FL Stat § 768.26 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.26 - Litigation expenses.

768.26 Litigation expenses.—Attorneys’ fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in proportion to the amounts awarded to them, but expenses incurred for the benefit of a particular survivor or the estate shall be paid from their awards.History.—s. 1, ch. 72-35.
FL Stat § 768.35 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.35 - Continuing domestic violence.

768.35 Continuing domestic violence.—(1) A victim of domestic violence, as defined in s. 741.28, who has suffered repeated physical or psychological injuries over an extended period of time, as a result of continuing domestic violence, has a cause of action against the perpetrator responsible for the violence.(2) The action may be brought in any court of competent jurisdiction to recover compensatory and punitive damages against the perpetrator causing the continued domestic violence. No plaintiff however, may recover twice for the same incident which gives rise to the cause of action.(3) Actions for recovery under this section must be commenced within 4 years. The time within which an action for recovery under this section must be begun runs from the time the last incident of domestic violence occurs.(4) Notwithstanding any other provision of law, punitive damages awarded in any civil tort action involving domestic violence as defined in s. 741.28 shall not be governed by the provisions of s. 768.73. The state hereby waives its right to collect any punitive damages from any victim of domestic violence not collected as of the effective date of this act.History.—s. 9, ch. 95-182; s. 37, ch. 95-184.
FL Stat § 768.36 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.36 - Alcohol or drug defense.

768.36 Alcohol or drug defense.—(1) As used in this section, the term:(a) “Alcoholic beverage” means distilled spirits and any beverage that contains 0.5 percent or more alcohol by volume as determined in accordance with s. 561.01(4)(b).(b) “Drug” means any chemical substance set forth in s. 877.111 or any substance controlled under chapter 893. The term does not include any drug or medication obtained pursuant to a prescription as defined in s. 893.02 which was taken in accordance with the prescription, or any medication that is authorized under state or federal law for general distribution and use without a prescription in treating human diseases, ailments, or injuries and that was taken in the recommended dosage.(2) In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:(a) The plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher; and(b) As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.History.—s. 20, ch. 99-225; s. 27, ch. 2016-145.
FL Stat § 768.37 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.37 - Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.

768.37 Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.—No manufacturer, distributor, or seller of foods or nonalcoholic beverages intended for human consumption shall be subject to civil liability for personal injury or wrongful death to the extent such liability is premised upon a person’s weight gain or obesity, or a health condition related to weight gain or obesity, resulting from the person’s long-term consumption of such foods or nonalcoholic beverages. For purposes of this section, the term “long-term” means the cumulative effect of multiple instances over a period of time and not the effect of a single or isolated instance. Such limitation on civil liability shall not bar a claim for damages if otherwise available under any other provision of law against a manufacturer, distributor, or seller of foods or nonalcoholic beverages if such manufacturer, distributor, or seller has failed to provide nutritional content information as required by any applicable state or federal statute or regulation, or has provided materially false or misleading information to the public.History.—s. 1, ch. 2004-88.
FL Stat § 768.382 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.382 - Limitation of liability for certain voluntary engineering or architectural services.

768.382 Limitation of liability for certain voluntary engineering or architectural services.—(1) For the purposes of this section, the term “structures specialist” means a person who has been trained by, and holds a current certification from, the United States Army Corps of Engineers as a structures specialist.(2) An engineer as defined in s. 471.005, an architect as defined in s. 481.203, or a structures specialist, and any qualified business organization of such person, who voluntarily participates in emergency response activities by providing engineering or architectural services while under the direction of, or in connection with, a community emergency response team, a local emergency management agency, the Division of Emergency Management, or the Federal Emergency Management Agency in response to a declared federal, state, or local emergency, may not be held liable for any personal injury, wrongful death, property damage, or other economic loss related to his or her acts or omissions in the performance of his or her services, unless the act or omission constituted gross negligence or willful misconduct.(3) The immunity from liability under this section also applies to any person who is licensed or registered as an engineer or architect in any other jurisdiction and who is rendering aid in this state as a member of a mobile support unit of another state.(4) The immunity from liability under this section applies only to services provided within 90 days of the first declaration of a particular federal, state, or local emergency.History.—s. 1, ch. 2021-102.
FL Stat § 768.71 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.71 - Applicability; conflicts.

768.71 Applicability; conflicts.—(1) Except as otherwise specifically provided, this part applies to any action for damages, whether in tort or in contract.(2) This part applies only to causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date.(3) If a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply.History.—s. 50, ch. 86-160.
FL Stat § 768.72 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.72 - Pleading in civil actions; claim for punitive damages.

768.72 Pleading in civil actions; claim for punitive damages.—(1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages. No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted.(2) A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. As used in this section, the term:(a) “Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.(b) “Gross negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.(3) In the case of an employer, principal, corporation, or other legal entity, punitive damages may be imposed for the conduct of an employee or agent only if the conduct of the employee or agent meets the criteria specified in subsection (2) and:(a) The employer, principal, corporation, or other legal entity actively and knowingly participated in such conduct;(b) The officers, directors, or managers of the employer, principal, corporation, or other legal entity knowingly condoned, ratified, or consented to such conduct; or(c) The employer, principal, corporation, or other legal entity engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.(4) The provisions of this section shall be applied to all causes of action arising after the effective date of this act.History.—s. 51, ch. 86-160; s. 1172, ch. 97-102; s. 22, ch. 99-225.
FL Stat § 768.725 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.725 - Punitive damages; burden of proof.

768.725 Punitive damages; burden of proof.—In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The “greater weight of the evidence” burden of proof applies to a determination of the amount of damages.History.—s. 21, ch. 99-225.
FL Stat § 768.733 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.733 - Bonds in class actions; limitations.

768.733 Bonds in class actions; limitations.—(1) In any civil action that is brought as a certified class action, the trial court, upon the posting of a bond or equivalent surety as provided in this section, shall stay the execution of any judgment, or portion thereof, entered on account of punitive damages pending completion of any appellate review of the judgment.(2) The required bond or equivalent surety acceptable to the court for imposition of the stay shall be the lower of:(a) The amount of the punitive-damages judgment, plus twice the statutory rate of interest; or(b) Ten percent of the net worth of the defendant as determined by applying generally accepted accounting principles to the defendant’s financial status as of December 31 of the year prior to the judgment for punitive damages;provided that in no case shall the amount of the required bond or equivalent surety exceed $100 million, regardless of the amount of punitive damages.(3) If, at any time after notice and hearing, the court finds that a defendant who has posted a bond or equivalent surety pursuant to subsection (2) is purposefully moving assets with the intent to avoid the punitive-damages judgment, the court shall increase the bond or equivalent surety to the amount determined pursuant to paragraph (2)(a). If the defendant does not post the additional bond required by the court, the stay shall be revoked.History.—s. 4, ch. 2000-128.
FL Stat § 768.734 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.734 - Capacity to sue.

768.734 Capacity to sue.—(1)(a) In any action asserting the right to class action status, the claimant class having capacity to sue shall be limited to residents of this state at the time of the alleged misconduct, except as provided in paragraph (b).(b)1. Before issuing a class certification order, the court hearing an action asserting the right to class action status may expand a class to include any nonresident whose claim is recognized within the claimant’s state of residence and is not time barred, but whose rights cannot be asserted because the claimant’s state of residence lacks personal jurisdiction over the defendant or defendants.2. In addition, the claimant class may include nonresidents if the conduct giving rise to the claim occurred in or emanated from this state.(2) Notwithstanding any law to the contrary, in order to maintain a class action seeking statutory penalties under chapters 320, 501, 520, and 521, the class action claimants must allege and prove actual damages. This section does not limit or restrict the ability of the Attorney General to bring a class action for the recovery of statutory penalties, if otherwise authorized by law. However, class action claimants may seek to obtain, if appropriate, nonmonetary relief, including injunctive relief, orders or declaratory relief, and orders or judgments enjoining wrongful conduct, regardless of whether the class action claimants can prove any actual monetary damages. This section does not in any way limit or restrict the availability of such nonmonetary relief.(3) This section does not affect any class action lawsuits involving federal or state civil rights laws.History.—s. 1, ch. 2006-117.
FL Stat § 768.735 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part II - Damages (Ss. 768.71-768.81)|768.735 - Punitive damages; exceptions; limitation.

768.735 Punitive damages; exceptions; limitation.—(1) Sections 768.72(2)-(4), 768.725, and 768.73 do not apply to any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled. Such actions are governed by applicable statutes and controlling judicial precedent. This section does not apply to claims brought pursuant to s. 400.023 or s. 429.29.(2)(a) In any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled, and involving the award of punitive damages, the judgment for the total amount of punitive damages awarded to a claimant may not exceed three times the amount of compensatory damages awarded to each person entitled thereto by the trier of fact, except as provided in paragraph (b). This subsection does not apply to any class action.(b) If any award for punitive damages exceeds the limitation specified in paragraph (a), the award is presumed to be excessive and the defendant is entitled to remittitur of the amount in excess of the limitation unless the claimant demonstrates to the court by clear and convincing evidence that the award is not excessive in light of the facts and circumstances that were presented to the trier of fact.(c) This subsection is not intended to prohibit an appropriate court from exercising its jurisdiction under s. 768.74 in determining the reasonableness of an award of punitive damages which is less than three times the amount of compensatory damages.(d) The jury may not be instructed or informed as to the provisions of this section.(3) This section is remedial in nature and shall take effect upon becoming a law.History.—s. 24, ch. 99-225; s. 11, ch. 2001-45; s. 107, ch. 2006-197.