Florida Statute 768.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.18

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.

F.S. 768.18 on Google Scholar

F.S. 768.18 on Casetext

Amendments to 768.18

Arrestable Offenses / Crimes under Fla. Stat. 768.18

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.18.

Annotations, Discussions, Cases:

Cases Citing Statute 768.18

Total Results: 20

Jennifer Ripple, etc. v. CBS Corporation

Court: Supreme Court of Florida | Date Filed: 2024-05-09

Snippet: “[s]urvivors” as including “the decedent’s spouse.” See § 768.18, Fla. Stat. -

Brinda Coates, etc. v. R.J. Reynolds Tobacco Company

Court: Supreme Court of Florida | Date Filed: 2023-01-05

Snippet: statutory beneficiaries, not the decedent, see §§ 768.18, 768.21, Fla. Stat. (1997). As explained

JENNIFER RIPPLE, as Personal Representative of the ESTATE OF RICHARD D. COUNTER v. BENNET AUTO SUPPLY

Court: District Court of Appeal of Florida | Date Filed: 2022-03-30

Snippet: “survivors” as “the decedent’s spouse, [and] children.” § 768.18(1), Fla. Stat. (2015). The Wrongful Death Act’s

R.J. Reynolds Tobacco Co. v. Diane Schleider, Etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-12-26

Citation: 273 So. 3d 63

Snippet: of age, notwithstanding the age of majority.” § 768.18(2), Fla. Stat. Here, the Schleider’s daughter

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Company

Court: Supreme Court of Florida | Date Filed: 2018-09-20

Citation: 254 So. 3d 268

Snippet: surviving spouse. See id. § 768.18(2) (defining minor child as a child "under 25 years

Domino's Pizza v. Wiederhold

Court: District Court of Appeal of Florida | Date Filed: 2018-05-07

Citation: 248 So. 3d 212

Snippet: relatives and adoptive brothers and sisters.” Id. § 768.18(1). Where the legislature has defined a term,

In Re: Standard Jury Instructions in Civil Cases—report No. 17-02

Court: Supreme Court of Florida | Date Filed: 2017-11-02

Citation: 228 So. 3d 531, 2017 WL 4985514

Snippet: is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff, 552

Kelly v. Georgia-Pacific, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-02-22

Citation: 211 So. 3d 340, 2017 WL 697746, 2017 Fla. App. LEXIS 2413

Snippet: recognized a responsibility for the child’s support. § 768.18(1), Fla. Stat. (2015). As for damages, a wrongful

C.G. v. J.R.

Court: District Court of Appeal of Florida | Date Filed: 2014-01-31

Citation: 130 So. 3d 776, 2014 WL 340675, 2014 Fla. App. LEXIS 1155

Snippet: looked at the legislative intent behind section 768.18(1), Florida Statutes (2005), and found that the

In re Standard Jury Instructions in Civil Case—Report No. 12-01

Court: Supreme Court of Florida | Date Filed: 2013-05-30

Citation: 130 So. 3d 596, 2013 WL 2349287

Snippet: is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff, 552

Claudio v. Regalado

Court: District Court of Appeal of Florida | Date Filed: 2013-03-01

Citation: 116 So. 3d 451, 2013 WL 765007, 2013 Fla. App. LEXIS 3321

Snippet: survivor of his deceased minor daughter under section 768.18, Florida Statutes (2006), part of Florida's Wrongful

University of Florida Board of Trustees v. Stone

Court: District Court of Appeal of Florida | Date Filed: 2012-06-21

Citation: 92 So. 3d 264, 2012 WL 2345115, 2012 Fla. App. LEXIS 10000

Snippet: life or health of another. Id. (creating section 768.18(2)(b)3., Florida Statutes). The GSA was next substantially

Greenfield v. Daniels

Court: Supreme Court of Florida | Date Filed: 2010-11-24

Citation: 51 So. 3d 421, 35 Fla. L. Weekly Supp. 685, 2010 Fla. LEXIS 2012, 2010 WL 4740297

Snippet: the child qualifies as a "survivor" under section 768.18(1), Florida Statutes (2005), may be determined

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Supreme Court of Florida | Date Filed: 2010-03-04

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: is not derived from salary or business. See F.S. 768.18(5) (1985); Delta Air Lines, Inc. v. Ageloff, 552

Daniels v. Greenfield

Court: District Court of Appeal of Florida | Date Filed: 2009-08-05

Citation: 15 So. 3d 908, 2009 Fla. App. LEXIS 10724, 2009 WL 2382377

Snippet: recognized a responsibility for the child's support. § 768.18(1), Fla. Stat. A "minor child" is defined as a

Lifemark Hospitals of Florida, Inc. v. Afonso

Court: District Court of Appeal of Florida | Date Filed: 2009-03-11

Citation: 4 So. 3d 764, 2009 Fla. App. LEXIS 1944, 2009 WL 605342

Snippet: accumulations of the estate, as defined by section 768.18(5). Afonso alleged that she was entitled to a full

Watters v. Walgreen Co.

Court: District Court of Appeal of Florida | Date Filed: 2007-08-31

Citation: 967 So. 2d 930, 2007 WL 2456169

Snippet: definition of "survivors" should govern. See § 768.18(1), Fla. Stat. (2005). However, application of

University of Miami v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 2007-02-28

Citation: 948 So. 2d 774, 2007 Fla. App. LEXIS 2728, 2006 WL 1687685

Snippet: Wrongful Death Act for damage recovery purposes. ง 768.18, Fla. Stat. (2002)("Minor children means children

Brunson v. McKay

Court: District Court of Appeal of Florida | Date Filed: 2005-07-20

Citation: 905 So. 2d 1058, 2005 Fla. App. LEXIS 11027, 2005 WL 1677939

Snippet: definition of “survivors” contained in section 768.18(1) of the Act in-*1062eludes adult children.5 Accordingly

Enterprise Leasing Co. v. Sosa

Court: District Court of Appeal of Florida | Date Filed: 2005-07-20

Citation: 907 So. 2d 1239, 2005 Fla. App. LEXIS 11054, 2005 WL 1678541

Snippet: involves Florida's Wrongful Death Statute. Section 768.18, Florida Statutes (2000), lists who may recover