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Florida Statute 768.0425 | Lawyer Caselaw & Research
F.S. 768.0425 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 768.0425

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
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 from cite.case.law:

TAYLOR MORRISON SERVICES, INC. f k a v. ECOS, 163 So. 3d 1286 (Fla. Dist. Ct. App. 2015)

. . . for negligence by an unlicensed contractor, seeking treble damages and attorneys’ fees under section 768.0425 . . . penalty for Appellant’s violations of the law is not treble damages and attorneys’ fees under section 768.0425 . . .

HOME CONSTRUCTION MANAGEMENT, LLC, a a v. COMET, INC. a, 125 So. 3d 221 (Fla. Dist. Ct. App. 2013)

. . . Comet sued, in relevant part, for disgorgement of overcharges and treble damages under section 768.0425 . . . We affirm all issues but the trial court’s application of section 768.0425 against Omer individually. . . . For the purpose of trebling damages, section 768.0425(1) separately defines “contractor” as “any person . . . HCM and Comet, therefore, Omer did not “contract[ ] to perform” any service as required by section 768.0425 . . . We narrowly construe the language “person who contracts to perform” in section 768.0425(1), as treble . . .

SALINAS, v. MEDINA, Jr. Sr., 15 So. 3d 896 (Fla. Dist. Ct. App. 2009)

. . . also claimed the contractor was unlicensed and therefore was liable for damages pursuant to section 768.0425 . . . arose as to whether the plaintiff had properly pled his claim for treble damages pursuant to section 768.0425 . . .

DABASSE v. REYES,, 963 So. 2d 288 (Fla. Dist. Ct. App. 2007)

. . . Although Reyes attempts to save the verdict by suggesting that pursuant to section 768.0425, Florida . . .

JOHN HANCOCK- GANNON JOINT VENTURE II, v. F. McNULLY d b a s a k a s C. E. J. H. J., 800 So. 2d 294 (Fla. Dist. Ct. App. 2001)

. . . court also erred in striking the claim for treble damages and attorney’s fees recoverable under section 768.0425 . . . Section 768.0425(2) allows the owner to recover three times its actual compensatory damages, in addition . . . The only support for this position is. the fact that section 768.0425 is part of Chapter 768, which is . . .

SOLEIL SHUTTERS, INC. v. MARTINEZ,, 756 So. 2d 200 (Fla. Dist. Ct. App. 2000)

. . . . § 768.0425, Fla. Stat. (1999); HTP, Ltd. v. . . .

MURTHY, v. N. SINHA CORP., 644 So. 2d 983 (Fla. 1994)

. . . In 1988, legislators moved this provision to section 768.0425 and, thereby, removed from chapter 489 . . .