reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 768.1345 - Professional malpractice; immunity.

768.1345 Professional malpractice; immunity.—No person shall have a claim for professional malpractice against a licensed professional who provides services for which no compensation is sought or received to such person during the period of a declared emergency if the professional services arose out of the emergency and if the professional acted as an ordinary reasonably prudent member of the profession would have acted under the same or similar circumstances.
History.—s. 32, ch. 93-211.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 768.135 - Volunteer team physicians; immunity.

768.135 Volunteer team physicians; immunity.—
(1) A volunteer team physician is any person licensed to practice medicine pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466:
(a) Who is acting in the capacity of a volunteer team physician in attendance at an athletic event sponsored by a public or private elementary or secondary school; and
(b) Who gratuitously and in good faith prior to the athletic event agrees to render emergency care or treatment to any participant in such event in connection with an emergency arising during or as the result of such event, without objection of such participant.
(2) A volunteer team physician is not liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment unless the care or treatment was rendered in a wrongful manner.
(3) A practitioner licensed under chapter 458, chapter 459, chapter 460, or s. 464.012 or registered under s. 464.0123 who gratuitously and in good faith conducts an evaluation pursuant to s. 1006.20(2)(c) is not liable for any civil damages arising from that evaluation unless the evaluation was conducted in a wrongful manner.
(4) As used in this section, the term “wrongful manner” means in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, and shall be construed in conformity with the standard set forth in s. 768.28(9)(a).
History.—s. 1, ch. 80-263; s. 483, ch. 81-259; s. 2, ch. 88-257; s. 15, ch. 2011-233; s. 38, ch. 2020-9.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 768.1355 - Florida Volunteer Protection Act.

768.1355 Florida Volunteer Protection Act.—
(1) Any person who volunteers to perform any service for any nonprofit organization, including an officer or director of such organization, without compensation from the nonprofit organization, regardless of whether the person is receiving compensation from another source, except reimbursement for actual expenses, shall be considered an agent of such nonprofit organization when acting within the scope of any official duties performed under such volunteer services. Such person, and the source of any such compensation, if the volunteer is not acting as an agent of the source, shall incur no civil liability for any act or omission by such person which results in personal injury or property damage if:
(a) Such person was acting in good faith within the scope of any official duties performed under such volunteer service and such person was acting as an ordinary reasonably prudent person would have acted under the same or similar circumstances; and
(b) The injury or damage was not caused by any wanton or willful misconduct on the part of such person in the performance of such duties.
1. For purposes of this act, the term “nonprofit organization” means any organization which is exempt from taxation pursuant to 26 U.S.C. s. 501, or any federal, state, or local governmental entity.
2. For purposes of this act, the term “compensation” does not include a stipend as provided by the Domestic Service Volunteer Act of 1973, as amended (Pub. L. No. 93-113), or other financial assistance, valued at less than two-thirds of the federal hourly minimum wage standard, paid to a person who would otherwise be financially unable to provide the volunteer service.
(2) Except as otherwise provided by law, if a volunteer is determined to be not liable pursuant to subsection (1), the nonprofit organization for which the volunteer was performing services when the damages were caused shall be liable for such damages to the same extent as the nonprofit organization would have been liable if the liability limitation pursuant to subsection (1) had not been provided.
(3) Members of elected or appointed boards, councils, and commissions of the state, counties, municipalities, authorities, and special districts shall incur no civil liability and shall have immunity from suit as provided in s. 768.28 for acts or omissions by members relating to members’ conduct of their official duties. It is the intent of the Legislature to encourage our best and brightest people to serve on elected and appointed boards, councils, and commissions.
(4) This section may be cited as the “Florida Volunteer Protection Act.”
History.—s. 1, ch. 93-139; s. 50, ch. 96-399; s. 1, ch. 2011-190.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 768.137 - Definition; limitation of civil liability for certain farmers; exception.

768.137 Definition; limitation of civil liability for certain farmers; exception.—
(1) For the purposes of this section, the term “farmer” means a person who is engaging in the growing or producing of farm produce, either part time or full time, for personal consumption or for sale and who is the owner or lessee of the land or a person designated in writing by the owner or lessee to act as her or his agent.
(2) A farmer who gratuitously allows a person to enter upon the farmer’s land for the purpose of removing farm produce or crops is exempt from civil liability arising out of any injury to, or the death of, such person due to the nature or condition of the land or the nature, age, or condition of the farm produce or crops that are removed.
(3) The exemption from civil liability provided in this section does not apply if injury or death directly results from the gross negligence or intentional act of the farmer, or from the farmer’s failure to warn of a dangerous condition of which the farmer has actual knowledge unless that condition would be obvious to a person entering upon the farmer’s land.
History.—s. 1, ch. 92-85; s. 3, ch. 92-151; ss. 1165, 1166, ch. 97-102; s. 1, ch. 2015-38.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 768.138 - Interruption of electric utility service by order of law enforcement; immunity.

768.138 Interruption of electric utility service by order of law enforcement; immunity.—The good-faith compliance by an electric utility, as defined in s. 366.02, or the utility’s personnel, with a law enforcement or judicial order to interrupt or disconnect electric service at a location for the purpose of aiding law enforcement personnel in the performance of their duties constitutes an absolute defense for the electric utility and its personnel to any civil, criminal, or administrative action arising out of such interruption or disconnection, as long as the electric utility and its personnel exercise reasonable care in their actions. However, this provision does not create a duty of care where none existed prior to the enactment of this section.
History.—s. 1, ch. 2001-165.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part I - General Provisions (Ss. 768.041-768.395) › 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part II - Damages (Ss. 768.71-768.81) › 768.736 - Punitive damages; exceptions for intoxication.

768.736 Punitive damages; exceptions for intoxication.—Sections 768.725 and 768.73 do not apply to any defendant who, at the time of the act or omission for which punitive damages are sought, was under the influence of any alcoholic beverage or drug to the extent that the defendant’s normal faculties were impaired, or who had a blood or breath alcohol level of 0.08 percent or higher.
History.—s. 25, ch. 99-225.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part II - Damages (Ss. 768.71-768.81) › 768.737 - Punitive damages; application in arbitration.

768.737 Punitive damages; application in arbitration.—Where punitive damages are available as a remedy in an arbitration proceeding, ss. 768.72, 768.725, and 768.73 apply. When an award of punitive damages is made in an arbitration proceeding, the arbitrator who renders the award must issue a written opinion setting forth the conduct which gave rise to the award and how the arbitrator applied the standards in s. 768.72 to such conduct.
History.—s. 26, ch. 99-225.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part II - Damages (Ss. 768.71-768.81) › 768.74 - Remittitur and additur.

768.74 Remittitur and additur.—
(1) In any action to which this part applies wherein the trier of fact determines that liability exists on the part of the defendant and a verdict is rendered which awards money damages to the plaintiff, it shall be the responsibility of the court, upon proper motion, to review the amount of such award to determine if such amount is excessive or inadequate in light of the facts and circumstances which were presented to the trier of fact.
(2) If the court finds that the amount awarded is excessive or inadequate, it shall order a remittitur or additur, as the case may be.
(3) It is the intention of the Legislature that awards of damages be subject to close scrutiny by the courts and that all such awards be adequate and not excessive.
(4) If the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.
(5) In determining whether an award is excessive or inadequate in light of the facts and circumstances presented to the trier of fact and in determining the amount, if any, that such award exceeds a reasonable range of damages or is inadequate, the court shall consider the following criteria:
(a) Whether the amount awarded is indicative of prejudice, passion, or corruption on the part of the trier of fact;
(b) Whether it appears that the trier of fact ignored the evidence in reaching a verdict or misconceived the merits of the case relating to the amounts of damages recoverable;
(c) Whether the trier of fact took improper elements of damages into account or arrived at the amount of damages by speculation and conjecture;
(d) Whether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered; and
(e) Whether the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons.
(6) It is the intent of the Legislature to vest the trial courts of this state with the discretionary authority to review the amounts of damages awarded by a trier of fact in light of a standard of excessiveness or inadequacy. The Legislature recognizes that the reasonable actions of a jury are a fundamental precept of American jurisprudence and that such actions should be disturbed or modified with caution and discretion. However, it is further recognized that a review by the courts in accordance with the standards set forth in this section provides an additional element of soundness and logic to our judicial system and is in the best interests of the citizens of this state.
History.—s. 53, ch. 86-160.
2023 Florida Statutes › Title XLV - Torts › Chapter 768 - Negligence › Part II - Damages (Ss. 768.71-768.81) › 768.77 - Itemized verdict.

768.77 Itemized verdict.—
(1) Except as provided in subsection (2), in any action to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages:
(a) Amounts intended to compensate the claimant for economic losses;
(b) Amounts intended to compensate the claimant for noneconomic losses; and
(c) Amounts awarded to the claimant for punitive damages, if applicable.
(2) In any action for damages based on personal injury or wrongful death arising out of medical malpractice, whether in tort or contract, to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages:
(a) Amounts intended to compensate the claimant for:
1. Past economic losses; and
2. Future economic losses, not reduced to present value, and the number of years or part thereof which the award is intended to cover;
(b) Amounts intended to compensate the claimant for:
1. Past noneconomic losses; and
2. Future noneconomic losses and the number of years or part thereof which the award is intended to cover; and
(c) Amounts awarded to the claimant for punitive damages, if applicable.
History.—s. 56, ch. 86-160; s. 7, ch. 99-225; s. 68, ch. 2003-416.
2023 Florida Statutes › Title XLV - Torts › Chapter 769 - Hazardous Occupations › 769.01 - Employers Affected by Fellow Servant Act.

769.01 Employers affected by fellow servant act.—This chapter shall apply to persons engaged in the following hazardous occupations in this state; namely, railroading, operating street railways, generating and selling electricity, telegraph and telephone business, express business, blasting and dynamiting, operating automobiles for public use, boating, when boat is propelled by steam, gas or electricity.
History.—s. 1, ch. 6521, 1913; RGS 4971; CGL 7058.
2023 Florida Statutes › Title XLV - Torts › Chapter 769 - Hazardous Occupations › 769.02 - Liability of Certain Persons and Corporations for Injuries From Negligence of Fellow Servants.

769.02 Liability of certain persons and corporations for injuries from negligence of fellow servants.—The persons mentioned in s. 769.01 shall be liable in damages for injuries inflicted upon their agents and employees, and for the death of their agents and employees caused by the negligence of such persons, their agents and servants, unless such persons shall make it appear that they, their agents and servants have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against such persons.
History.—s. 2, ch. 6521, 1913; RGS 4972; CGL 7059.
2023 Florida Statutes › Title XLV - Torts › Chapter 769 - Hazardous Occupations › 769.03 - Recovery for Injuries Where Employee and Employer Both at Fault; Damages; Negligence of Fellow Servant.

769.03 Recovery for injuries where employee and employer both at fault; damages; negligence of fellow servant.—The persons mentioned in s. 769.01 shall not be liable in damages for injuries to their agents and employees, or for the death of such agents and employees, where same is done by their consent, or is caused by their own negligence. If the employees or agents injured or killed, and the persons mentioned in s. 769.01, or their agents and employees are both at fault, there may be a recovery, but the amount of the recovery shall be such a proportion of the entire damages sustained, as the defendant’s negligence bears to the combined negligence of both the plaintiff and the defendant; provided, that damages shall not be recovered for injuries to an employee injured in part through his or her own negligence and in part through the negligence of another employee, when both of such employees are fellow servants, where the former and latter are jointly engaged in performing the act causing the injury and the employer is guilty of no negligence contributing to such injury.
History.—s. 3, ch. 6521, 1913; RGS 4973; CGL 7060; s. 1176, ch. 97-102.
2023 Florida Statutes › Title XLV - Torts › Chapter 769 - Hazardous Occupations › 769.04 - Doctrine of “Assumption of Risk” Abrogated.

769.04 Doctrine of “assumption of risk” abrogated.—The doctrine of “assumption of risk” shall not obtain in any case arising under the provisions of this chapter, where the injury or death was attributable to the negligence of the employer, his or her agents or servants.
History.—s. 4, ch. 6521, 1913; RGS 4974; CGL 7061; s. 1177, ch. 97-102.
2023 Florida Statutes › Title XLV - Torts › Chapter 769 - Hazardous Occupations › 769.05 - Proceeds of Recovery for Injuries Exempt From Garnishment and Execution.

769.05 Proceeds of recovery for injuries exempt from garnishment and execution.—Writs of garnishment, execution or other processes, shall not issue out of any court to reach any money due or likely to become due as damages under the provisions of this chapter.
History.—s. 5, ch. 6521, 1913; RGS 4975; CGL 7062.
2023 Florida Statutes › Title XLV - Torts › Chapter 769 - Hazardous Occupations › 769.06 - Contracts Limiting Liability Invalid.

769.06 Contracts limiting liability invalid.—Any contract, contrivance or device whatever, having the effect to relieve or exempt the persons mentioned in s. 769.01 from the liability prescribed by this chapter shall be illegal and void.
History.—s. 6, ch. 6521, 1913; RGS 4976; CGL 7063.
2023 Florida Statutes › Title XLV - Torts › Chapter 770 - Defamation › 770.01 - Notice Condition Precedent to Action or Prosecution for Libel or Slander.

770.01 Notice condition precedent to action or prosecution for libel or slander.—Before any civil action is brought for publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander, the plaintiff shall, at least 5 days before instituting such action, serve notice in writing on the defendant, specifying the article or broadcast and the statements therein which he or she alleges to be false and defamatory.
History.—s. 1, ch. 16070, 1933; CGL 1936 Supp. 7064(1); s. 1, ch. 76-123; s. 1178, ch. 97-102.
2023 Florida Statutes › Title XLV - Torts › Chapter 770 - Defamation › 770.02 - Correction, Apology, or Retraction by Newspaper or Broadcast Station.

770.02 Correction, apology, or retraction by newspaper or broadcast station.—
(1) If it appears upon the trial that said article or broadcast was published in good faith; that its falsity was due to an honest mistake of the facts; that there were reasonable grounds for believing that the statements in said article or broadcast were true; and that, within the period of time specified in subsection (2), a full and fair correction, apology, or retraction was, in the case of a newspaper or periodical, published in the same editions or corresponding issues of the newspaper or periodical in which said article appeared and in as conspicuous place and type as said original article or, in the case of a broadcast, the correction, apology, or retraction was broadcast at a comparable time, then the plaintiff in such case shall recover only actual damages.
(2) Full and fair correction, apology, or retraction shall be made:
(a) In the case of a broadcast or a daily or weekly newspaper or periodical, within 10 days after service of notice;
(b) In the case of a newspaper or periodical published semimonthly, within 20 days after service of notice;
(c) In the case of a newspaper or periodical published monthly, within 45 days after service of notice; and
(d) In the case of a newspaper or periodical published less frequently than monthly, in the next issue, provided notice is served no later than 45 days prior to such publication.
History.—s. 2, ch. 16070, 1933; CGL 1936 Supp. 7064(2); s. 1, ch. 76-123; s. 233, ch. 77-104; s. 1, ch. 80-34.
2023 Florida Statutes › Title XLV - Torts › Chapter 770 - Defamation › 770.03 - Civil Liability of Broadcasting Stations.

770.03 Civil liability of broadcasting stations.—The owner, lessee, licensee, or operator of a broadcasting station shall have the right, except when prohibited by federal law or regulation, but shall not be compelled, to require the submission of a written copy of any statement intended to be broadcast over such station 24 hours before the time of the intended broadcast thereof. When such owner, lessee, licensee, or operator has so required the submission of such copy, such owner, lessee, licensee, or operator shall not be liable in damages for any libelous or slanderous utterance made by or for the person or party submitting a copy of such proposed broadcast which is not contained in such copy. This section shall not be construed to relieve the person or party or the agents or servants of such person or party making any such libelous or slanderous utterance from liability therefor.
History.—ss. 1, 2, 3, ch. 19616, 1939; CGL 1940 Supp. 7064 Supp. 7064(4); s. 1, ch. 20869; s. 1, ch. 76-123.
2023 Florida Statutes › Title XLV - Torts › Chapter 770 - Defamation › 770.04 - Civil Liability of Radio or Television Broadcasting Stations; Care to Prevent Publication or Utterance Required.

770.04 Civil liability of radio or television broadcasting stations; care to prevent publication or utterance required.—The owner, licensee, or operator of a radio or television broadcasting station, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a radio or television broadcast, by one other than such owner, licensee or operator, or general agent or employees thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator, general agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcasts, provided, however, the exercise of due care shall be construed to include the bona fide compliance with any federal law or the regulation of any federal regulatory agency.
History.—s. 1, ch. 23802, 1947; s. 1, ch. 25278, 1949.
2023 Florida Statutes › Title XLV - Torts › Chapter 770 - Defamation › 770.05 - Limitation of Choice of Venue.

770.05 Limitation of choice of venue.—No person shall have more than one choice of venue for damages for libel or slander, invasion of privacy, or any other tort founded upon any single publication, exhibition, or utterance, such as any one edition of a newspaper, book, or magazine, any one presentation to an audience, any one broadcast over radio or television, or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.
History.—s. 1, ch. 67-52.
2023 Florida Statutes › Title XLV - Torts › Chapter 770 - Defamation › 770.06 - Adverse Judgment in Any Jurisdiction a Bar to Additional Action.

770.06 Adverse judgment in any jurisdiction a bar to additional action.—A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in s. 770.05 shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance.
History.—s. 2, ch. 67-52.
2023 Florida Statutes › Title XLV - Torts › Chapter 770 - Defamation › 770.07 - Cause of Action, Time of Accrual.

770.07 Cause of action, time of accrual.—The cause of action for damages founded upon a single publication or exhibition or utterance, as described in s. 770.05, shall be deemed to have accrued at the time of the first publication or exhibition or utterance thereof in this state.
History.—s. 3, ch. 67-52.
2023 Florida Statutes › Title XLV - Torts › Chapter 770 - Defamation › 770.08 - Limitation on Recovery of Damages.

770.08 Limitation on recovery of damages.—No person shall have more than one choice of venue for damages for libel founded upon a single publication or exhibition or utterance, as described in s. 770.05, and upon his or her election in any one of his or her choices of venue, then the person shall be bound to recover there all damages allowed him or her.
History.—s. 4, ch. 67-52; s. 1179, ch. 97-102.
2023 Florida Statutes › Title XLV - Torts › Chapter 771 - Actions for Alienation of Affections, Criminal Conversation, Seduction, or Breach of Contract to Marry › 771.01 - Certain Tort Actions Abolished.

771.01 Certain tort actions abolished.—The rights of action heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolished.
History.—s. 1, ch. 23138, 1945.