Florida Statutes

Fla. Stat. § 768.18 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 110 cases (3 in the last 5 years), 1974–2024 · leading case: Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006).

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Est. of Heiser v. Islamic Repub. of Iran, 466 F. Supp. 2d 229 (D.D.C. 2006). · cites it 18× “Fla. Stat. Ann. § 768.18 . 29 If the decedent has a surviving spouse or lineal descendants or the decedent is an adult with a surviving parent but no dependents, then the decedent’s personal representative may recover the present value of the “loss of the prospective net…”

Greenfield v. Daniels, 51 So. 3d 421 (Fla. 2010). · cites it 31× “Proposed section 768.18 of the Florida Wrongful Death Act was, in fact, enacted substantially as recommended by the commission.”

Vildibill v. Johnson, 492 So. 2d 1047 (Fla. 1986). · cites it 10× “Thus, non-dependent parents of an adult child are not survivors under section 768.18, as referred to in 768.21(6)(a)2, because they are not entitled to recover under the other provisions of the Wrongful Death Act.”

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Co., 254 So. 3d 268 (Fla. 2018). · cites it 5× “" § 768.18(2), Fla. Stat. (1979). The definition of "minor children" was changed in 1981 to include all children under the age of twenty-five, notwithstanding the age of majority.”

BellSouth Telecomm., Inc. v. Meeks, 863 So. 2d 287 (Fla. 2003). · cites it 3× “§ 768.18(1), Fla. Stat. (2002). [3] The standard instruction to be given to the jury in a wrongful death case regarding a surviving minor child's damages is: The loss by (name all minor children) of parental companionship, instruction and guidance, and [his] [her] [their] mental…”

Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976). · cites it 4× “But in the absence of a Florida statute, no foreign judgment, of status or otherwise, can constitutionally require Florida to prosecute criminally any man for an act or omission in Florida which is not criminal under Florida law.”

ACandS, Inc. v. Redd, 703 So. 2d 492 (Fla. 3d DCA 1997). · cites it 6× “18(4), Florida Statutes (1995), defines "services," in part, as "tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent.”

Achumba v. Neustein, 793 So. 2d 1013 (Fla. 5th DCA 2001). · cites it 5× “[2] Therefore, Achumba maintains that Smoot is entitled to recover under section 768.18 as Honor's "survivor." After answering the complaint, Neustein filed a motion for summary judgment arguing that Smoot could not be Honor's "survivor" pursuant to section 768.”

Robert McK Foster, as Pers. Rep. of the Estates of Almon O. Thompson, Deceased, & Doris E. Thompson, Deceased v. United States, 768 F.2d 1278 (11th Cir. 1985). · cites it 3× “” Fla.Stat.Ann. § 768.18. A bench trial was conducted on the issue of dependency.”

Meeks v. Florida Power & Light Co., 816 So. 2d 1125 (Fla. 5th DCA 2002). · cites it 4× “§ 768.18(1), Fla. Stat. (1997). As survivors, children of the decedent may be entitled to recover certain categories of damages under the Act.”

Delta Air Lines, Inc. v. Ageloff, 552 So. 2d 1089 (Fla. 1989). · cites it 4× “§ 768.18 (5). That provision defines "net accumulations" as that portion of the Decedent's expected net business and salary income that probably would have been retained as savings and left as part of his estate if he had lived his normal life expectancy.”

Domino's Pizza v. Wiederhold, 248 So. 3d 212 (Fla. 5th DCA 2018). · cites it 2× “§ 768.18(1). Where the legislature has defined a term, courts are bound to follow that definition.”

Show all 110 citing cases →

— 768.18(1) — 48 cases

Greenfield v. Daniels, 51 So. 3d 421 (Fla. 2010). “Proposed section 768.18 of the Florida Wrongful Death Act was, in fact, enacted substantially as recommended by the commission.”

Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976). “But in the absence of a Florida statute, no foreign judgment, of status or otherwise, can constitutionally require Florida to prosecute criminally any man for an act or omission in Florida which is not criminal under Florida law.”

BellSouth Telecomm., Inc. v. Meeks, 863 So. 2d 287 (Fla. 2003). “§ 768.18(1), Fla. Stat. (2002). [3] The standard instruction to be given to the jury in a wrongful death case regarding a surviving minor child's damages is: The loss by (name all minor children) of parental companionship, instruction and guidance, and [his] [her] [their] mental…”

Vildibill v. Johnson, 492 So. 2d 1047 (Fla. 1986). “Thus, non-dependent parents of an adult child are not survivors under section 768.18, as referred to in 768.21(6)(a)2, because they are not entitled to recover under the other provisions of the Wrongful Death Act.”

Achumba v. Neustein, 793 So. 2d 1013 (Fla. 5th DCA 2001). “[2] Therefore, Achumba maintains that Smoot is entitled to recover under section 768.18 as Honor's "survivor." After answering the complaint, Neustein filed a motion for summary judgment arguing that Smoot could not be Honor's "survivor" pursuant to section 768.”

— 768.18(2) — 27 cases

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Co., 254 So. 3d 268 (Fla. 2018). “" § 768.18(2), Fla. Stat. (1979). The definition of "minor children" was changed in 1981 to include all children under the age of twenty-five, notwithstanding the age of majority.”

McPhail v. Jenkins, 382 So. 2d 1329 (Fla. 1st DCA 1980).

Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002).

— 768.18(2)(b) — 2 cases

Univ. of Florida Bd. of Trs. v. Stone, 92 So. 3d 264 (Fla. 1st DCA 2012).

Stand. Jury Instructions—Civil Cases—Nos. 95-1 & 95-2, 658 So. 2d 97 (Fla. 1995).

— 768.18(3) — 1 case

ACandS, Inc. v. Redd, 703 So. 2d 492 (Fla. 3d DCA 1997). “18(4), Florida Statutes (1995), defines "services," in part, as "tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent.”

— 768.18(4) — 1 case

— 768.18(5) — 19 cases

Kidron, Inc. v. Carmona, 665 So. 2d 289 (Fla. 3d DCA 1995).

Harold Ageloff & Carol M. Ageloff, as Pers. Representatives of the Est. of Scott Alan Ageloff, Deceased v. Delta Airlines Inc., 860 F.2d 379 (11th Cir. 1988).

Citrus Cnty. v. McQuillin, 840 So. 2d 343 (Fla. 5th DCA 2003).

Delta Air Lines, Inc. v. Ageloff, 552 So. 2d 1089 (Fla. 1989). “§ 768.18 (5). That provision defines "net accumulations" as that portion of the Decedent's expected net business and salary income that probably would have been retained as savings and left as part of his estate if he had lived his normal life expectancy.”

— 768.18(5)(1972) — 1 case

Downs v. United States, 522 F.2d 990 (6th Cir. 1975).

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