Florida Statute 768.0425 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.0425

768.0425 Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance.—

(1) For purposes of this section only, the term “contractor” means any person who contracts to perform any construction or building service which is regulated by any state or local law, including, but not limited to, chapters 489 and 633; and the term “consumer” means a person who contracts for the performance of any construction or building service which is regulated by any state or local law, including, but not limited to, chapters 489 and 633.

(2) In any action against a contractor for injuries sustained resulting from the contractor’s negligence, malfeasance, or misfeasance, the consumer shall be entitled to three times the actual compensatory damages sustained in addition to costs and attorney’s fees if the contractor is neither certified as a contractor by the state nor licensed as a contractor pursuant to the laws of the municipality or county within which she or he is conducting business.

History.—ss. 12, 16, ch. 87-310; s. 21, ch. 88-149; ss. 22, 23, ch. 88-156; s. 1159, ch. 97-102.

Note.—Former s. 489.5331.

F.S. 768.0425 on Google Scholar

F.S. 768.0425 on Casetext

Amendments to 768.0425

Arrestable Offenses / Crimes under Fla. Stat. 768.0425

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.0425.

Annotations, Discussions, Cases:

Cases Citing Statute 768.0425

Total Results: 7

Taylor Morrison Services, Inc. v. Ecos

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-28T00:00:00-07:00

Citation: 163 So. 3d 1286, 2015 Fla. App. LEXIS 8096, 2015 WL 3407929

Snippet: treble damages and attorneys’ fees under section 768.0425(2), Florida Statutes (2003). The parties stipulated…treble damages and attorneys’ fees under section 768.0425. Accordingly, we reverse and remand for entry

Home Construction Management, LLC v. Comet, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-06T00:00:00-08:00

Citation: 125 So. 3d 221, 2013 WL 440101, 2013 Fla. App. LEXIS 1851

Snippet: of overcharges and treble damages under section 768.0425(2), Florida Statutes (2007). After a bench trial…issues but the trial court’s application of section 768.0425 against Omer individually. The question involves…. For the purpose of trebling damages, section 768.0425(1) separately defines “contractor” as “any person…to perform” any service as required by section 768.0425. We narrowly construe the language “person who…who contracts to perform” in section 768.0425(1), as treble damages are punitive and in the nature of a

Salinas v. Medina

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-05T00:00:00-07:00

Citation: 15 So. 3d 896, 2009 Fla. App. LEXIS 10748, 2009 WL 2382321

Snippet: therefore was liable for damages pursuant to section 768.0425, Florida Statutes (2005). The parties appeared…his claim for treble damages pursuant to section 768.0425. The plaintiff interpreted the court’s remarks

Dabasse v. Reyes

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-03T00:00:00-07:00

Citation: 963 So. 2d 288, 2007 Fla. App. LEXIS 11959, 2007 WL 2213316

Snippet: verdict by suggesting that pursuant to section 768.0425, Florida Statutes (2005), the trial court has

John Hancock-Gannon Joint Venture II v. McNully

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-31T00:00:00-08:00

Citation: 800 So. 2d 294, 2001 Fla. App. LEXIS 15261, 2001 WL 1334742

Snippet: recoverable under section 768.0425(2), Florida Statutes (1993). Section 768.0425(2) allows the owner to …support for this position is. the fact that section 768.0425 is part of Chapter 768, which is entitled “Negligence

Soleil Shutters, Inc. v. Martinez

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-12T00:00:00-07:00

Citation: 756 So. 2d 200, 2000 Fla. App. LEXIS 4263, 2000 WL 368498

Snippet: and we therefore affirm on the main appeal. § 768.0425, Fla. Stat. (1999); HTP, Ltd. v. Lineas Aereas

Murthy v. Sinha Corp.

Court: Fla. | Date Filed: 1994-09-08T00:53:00-07:00

Citation: 644 So. 2d 983

Snippet: 1988, legislators moved this provision to section 768.0425 and, thereby, removed from chapter 489 any reference