Florida Statutes

Fla. Stat. § 768.31 (2025)

Contribution among tortfeasors.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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768.31 Contribution among tortfeasors.—

(1) SHORT TITLE.—This act shall be cited as the “Uniform Contribution Among Tortfeasors Act.”

(2) RIGHT TO CONTRIBUTION.—

(a) Except as otherwise provided in this act, when two or more persons become jointly or severally liable in tort for the same injury to person or property, or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

(b) The right of contribution exists only in favor of a tortfeasor who has paid more than her or his pro rata share of the common liability, and the tortfeasor’s total recovery is limited to the amount paid by her or him in excess of her or his pro rata share. No tortfeasor is compelled to make contribution beyond her or his own pro rata share of the entire liability.

(c) There is no right of contribution in favor of any tortfeasor who has intentionally (willfully or wantonly) caused or contributed to the injury or wrongful death.

(d) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement or in respect to any amount paid in a settlement which is in excess of what was reasonable.

(e) A liability insurer who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.

(f) This act does not impair any right of indemnity under existing law. When one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of her or his indemnity obligation.

(g) This act shall not apply to breaches of trust or of other fiduciary obligation.

(3) PRO RATA SHARES.—In determining the pro rata shares of tortfeasors in the entire liability:

(a) Their relative degrees of fault shall be the basis for allocation of liability.

(b) If equity requires, the collective liability of some as a group shall constitute a single share.

(4) ENFORCEMENT.—

(a) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.

(b) When a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants, by motion upon notice to all parties to the action.

(c) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by her or him to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review.

(d) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the tortfeasor’s right of contribution is barred unless she or he has either:

1. Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against her or him and has commenced her or his action for contribution within 1 year after payment, or

2. Agreed, while action is pending against her or him, to discharge the common liability and has within 1 year after the agreement paid the liability and commenced her or his action for contribution.

(e) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

(f) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.

(5) RELEASE OR COVENANT NOT TO SUE.—When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:

(a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and,

(b) It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.

(6) UNIFORMITY OF INTERPRETATION.—This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

(7) PENDING CAUSES OF ACTION.—This act shall apply to all causes of action pending on June 12, 1975, wherein the rights of contribution among joint tortfeasors is involved and to cases thereafter filed.

History.—ss. 1, 4, ch. 75-108; s. 1, ch. 76-186; s. 1171, ch. 97-102.

Notes of Decisions

Cited in 284 cases (6 in the last 5 years), 1975–2024 · leading case: Vill. of El Portal v. City of Miami Shores, 362 So. 2d 275 (Fla. 1978).

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Vill. of El Portal v. City of Miami Shores, 362 So. 2d 275 (Fla. 1978). · cites it 16× “We have for review on direct appeal a final judgment of a trial court which passed on the constitutional validity of the Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes (1975). We have jurisdiction.”

Robarts v. Diaco, 581 So. 2d 911 (Fla. 2d DCA 1991). · cites it 23× “Robarts, deceased, any and all rights or claims that exist in their favor in contribution under Section 768.31, Florida Statutes, and/or in indemnity against St.”

Woods v. Withrow, 413 So. 2d 1179 (Fla. 1982). · cites it 20× “Contribution among tortfeasors is governed by section 768.31, Florida Statutes (1979), which codifies Florida's version of the Uniform Contribution Among Tortfeasors Act.”

Walt Disney World Co. v. Wood, 515 So. 2d 198 (Fla. 1987). · cites it 18× “However, the Court noted that the legislature had just passed section 768.31, Florida Statutes (1975), which provided for contribution among joint tortfeasors and interpreted the statute as retaining the "full, joint, and several liability of joint tortfeasors to the plaintiff.”

Christiani v. Popovich, 363 So. 2d 2 (Fla. 1st DCA 1978). · cites it 19× “[1] Chapter 75-108, Laws of Florida (1975), as amended, Section 768.31, Florida Statutes (1977). Certain of the defendants cross-claimed for indemnity against one another, each conceiving that its potential liability to plaintiff Popovich was for passive negligence only, and…”

Wells v. Tallahassee Mem. Med. Ctr., 659 So. 2d 249 (Fla. 1995). · cites it 7× “§ 768.31, Fla. Stat. (1989) (emphasis added).”

West Am. Ins. Co. v. Yellow Cab Co., 495 So. 2d 204 (Fla. 5th DCA 1986). · cites it 10× “Section 768.31, Florida Statutes (1985) states in pertinent part as follows: Except as otherwise provided in this act, when two or more persons become jointly or severally liable in tort for the same injury to person or property, or for the same wrongful death, there is a right…”

Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980). · cites it 6× “" § 768.31(5) Fla. Stat. (1977). Clearly there is no prohibition against a general release in section 768.”

Wal-Mart Stores v. McDonald, 676 So. 2d 12 (Fla. 1st DCA 1996). · cites it 8× “(creating section 768.31, Florida Statutes). Instead, it held that a "plaintiff is entitled to a measurement of his full damages and the liability for these damages should be apportioned in accordance with the percentage of negligence as it relates to the total of all the…”

New Hampshire Ins. Co. v. Petrik, 343 So. 2d 48 (Fla. 1st DCA 1977). · cites it 13× “In that case, the court stated: " Fla. Stat. § 768.31 (1975) does not specifically provide for the enforcement of contribution by way of third party practice.”

Walker v. Virginia Ins. Reciprocal, 842 So. 2d 804 (Fla. 2003). · cites it 14× “31(4)(d)2 specifically provides that an action for contribution is barred unless the tortfeasor seeking contribution commences the action for contribution within one year after paying an agreement for liability.”

Zurich Am. Ins. Co. v. S.-Owners Ins. Co., 248 F. Supp. 3d 1268 (M.D. Fla. 2017). · cites it 5× “” Fla. Stat. § 768.31 (2)(a); see also State Nat’l Ins.”

Show all 284 citing cases →

— 768.31(2) — 11 cases

Walker v. Virginia Ins. Reciprocal, 842 So. 2d 804 (Fla. 2003). “31(4)(d)2 specifically provides that an action for contribution is barred unless the tortfeasor seeking contribution commences the action for contribution within one year after paying an agreement for liability.”

Woods v. Withrow, 413 So. 2d 1179 (Fla. 1982). “Contribution among tortfeasors is governed by section 768.31, Florida Statutes (1979), which codifies Florida's version of the Uniform Contribution Among Tortfeasors Act.”

Blaw-Knox Food & Chem. Equip. Corp. v. Holmes, 348 So. 2d 604 (Fla. 4th DCA 1977).

Int'l Action Sports, Inc. v. Sabellico, 573 So. 2d 928 (Fla. 3d DCA 1991).

Withrow v. Woods, 386 So. 2d 607 (Fla. 5th DCA 1980).

— 768.31(2)(a) — 22 cases

Kala Investments, Inc. v. Sklar, 538 So. 2d 909 (Fla. 3d DCA 1989).

West Am. Ins. Co. v. Yellow Cab Co., 495 So. 2d 204 (Fla. 5th DCA 1986). “Section 768.31, Florida Statutes (1985) states in pertinent part as follows: Except as otherwise provided in this act, when two or more persons become jointly or severally liable in tort for the same injury to person or property, or for the same wrongful death, there is a right…”

Dep't of Corr. v. McGhee, 653 So. 2d 1091 (Fla. 1st DCA 1995).

S. Bell Tel. v. Dept. of Transp., 668 So. 2d 1039 (Fla. 3d DCA 1996).

— 768.31(2)(a)(d) — 1 case

Caglioti v. Dist. Hosp. Partners, LP, 933 A.2d 800 (D.C. 2007).

— 768.31(2)(b) — 15 cases

Healthcare Staffing Solutions, Inc. v. Wilkinson Ex Rel. Wilkinson, 5 So. 3d 726 (Fla. 1st DCA 2009).

Healthcare Staffing Solution, Inc. v. Wilkinson ex rel. Wilkinson, 86 So. 3d 519 (Fla. 1st DCA 2012).

Attorneys'title Ins. Fund, Inc. v. Punta Gorda Isles, Inc., 547 So. 2d 1250 (Fla. 2d DCA 1989).

K-Mart Corp. v. Chairs, Inc., 506 So. 2d 7 (Fla. 5th DCA 1987).

— 768.31(2)(c) — 12 cases

Freeman v. Dean Witter Reynolds, Inc., 865 So. 2d 543 (Fla. 2d DCA 2003).

Wal-Mart Stores v. McDonald, 676 So. 2d 12 (Fla. 1st DCA 1996). “(creating section 768.31, Florida Statutes). Instead, it held that a "plaintiff is entitled to a measurement of his full damages and the liability for these damages should be apportioned in accordance with the percentage of negligence as it relates to the total of all the…”

DIAZ BY RIVAS v. Sears, Roebuck & Co., 475 So. 2d 932 (Fla. 3d DCA 1985).

Dep't of Corr. v. McGhee, 653 So. 2d 1091 (Fla. 1st DCA 1995).

Stellas v. Alamo Rent-A-Car, Inc., 673 So. 2d 940 (Fla. 3d DCA 1996).

— 768.31(2)(d) — 16 cases

Robarts v. Diaco, 581 So. 2d 911 (Fla. 2d DCA 1991). “Robarts, deceased, any and all rights or claims that exist in their favor in contribution under Section 768.31, Florida Statutes, and/or in indemnity against St.”

Soncoast Cmty. Church v. TRAVIS BOATING, 981 So. 2d 654 (Fla. 4th DCA 2008).

Fuquay v. Gen. Motors Corp., 518 F. Supp. 1065 (M.D. Fla. 1981).

— 768.31(2)(e) — 5 cases

Am. Home Assur. v. NAT. RR CORP., 908 So. 2d 459 (Fla. 2005).

Florida Patient's Comp. Fund v. St. Paul Fire & Marine Ins. Co., 535 So. 2d 335 (Fla. 4th DCA 1988).

Florida Patient's Comp. Fund v. St. Paul Fire & Marine Ins. Co., 559 So. 2d 195 (Fla. 1990).

West Am. Ins. Co. v. Best Prods. Co., Inc., 541 So. 2d 1302 (Fla. 4th DCA 1989).

Wallace v. Strassel, 479 So. 2d 231 (Fla. 4th DCA 1985).

— 768.31(2)(f) — 3 cases

Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp., 353 So. 2d 137 (Fla. 3d DCA 1977).

McKenzie Tank Lines, Inc. v. Empire Gas Corp., 538 So. 2d 482 (Fla. 1st DCA 1989).

Ins. Co. of North Am. v. Quality Com. Grp., Inc., 687 So. 2d 960 (Fla. 5th DCA 1997).

— 768.31(2)(g) — 5 cases

Paoli v. Shor, 345 So. 2d 789 (Fla. 4th DCA 1977).

Eason v. Lau, 369 So. 2d 600 (Fla. 1st DCA 1978).

In Re Sunrise Sec. Litig., 698 F. Supp. 1256 (E.D. Pa. 1988).

In Re Fairchild Indus., Inc. & GMF Investments, Inc., \ERISA\" Litig.", 768 F. Supp. 1528 (N.D. Fla. 1990).

Sun Bank/South Florida, N.A. v. Lugo (In re Lugo), 140 B.R. 917 (Bankr. S.D. Florida 1992).

— 768.31(3) — 6 cases

Lincenberg v. Issen, 318 So. 2d 386 (Fla. 1975).

F.H.W. & C., Inc. v. Am. Hosp. of Miami, Inc. ex rel. Florida Hosp. Trust Fund, 575 So. 2d 1300 (Fla. 3d DCA 1991).

Kennedy & Cohen, Inc. v. Van Eyck, 347 So. 2d 1085 (Fla. 3d DCA 1977).

St. Paul Fire & Marine Ins. Co. v. Shure, 647 So. 2d 877 (Fla. 4th DCA 1994).

— 768.31(3)(a) — 10 cases

Walt Disney World Co. v. Wood, 515 So. 2d 198 (Fla. 1987). “However, the Court noted that the legislature had just passed section 768.31, Florida Statutes (1975), which provided for contribution among joint tortfeasors and interpreted the statute as retaining the "full, joint, and several liability of joint tortfeasors to the plaintiff.”

Florida Patient's Comp. Fund v. Tillman, 453 So. 2d 1376 (Fla. 4th DCA 1984).

Joseph v. Quest, 414 So. 2d 1063 (Fla. 1982).

Dep't of Transp. v. Webb, 409 So. 2d 1061 (Fla. 1st DCA 1981).

Healthcare Staffing Solutions, Inc. v. Wilkinson Ex Rel. Wilkinson, 5 So. 3d 726 (Fla. 1st DCA 2009).

— 768.31(3)(b) — 2 cases

In Re Air Crash Near Cali, Colombia on December 20, 24 F. Supp. 2d 1340 (S.D. Fla. 1998).

Carlson v. Am. Airlines, Inc., 24 F. Supp. 2d 1340 (S.D. Fla. 1998).

— 768.31(3)(c) — 1 case

Healthcare Staffing Solution, Inc. v. Wilkinson ex rel. Wilkinson, 86 So. 3d 519 (Fla. 1st DCA 2012).

— 768.31(4) — 9 cases

Attorneys'title Ins. Fund, Inc. v. Punta Gorda Isles, Inc., 547 So. 2d 1250 (Fla. 2d DCA 1989).

Ryder Truck Lines, Inc. v. Pough, 392 So. 2d 590 (Fla. 3d DCA 1981).

St. Cloud Utils. v. Moore, 410 So. 2d 973 (Fla. 5th DCA 1982).

— 768.31(4)(a) — 5 cases

New Hampshire Ins. Co. v. Petrik, 343 So. 2d 48 (Fla. 1st DCA 1977). “In that case, the court stated: " Fla. Stat. § 768.31 (1975) does not specifically provide for the enforcement of contribution by way of third party practice.”

Sol Walker & Co. v. Seaboard Coast Line RR Co., 362 So. 2d 45 (Fla. 2d DCA 1978).

Claudio v. Regalado, 116 So. 3d 451 (Fla. 2d DCA 2013).

Ortiz v. Regalado, 113 So. 3d 57 (Fla. 2d DCA 2013).

Fleisher v. Florida Patient's Comp. Fund, 498 So. 2d 436 (Fla. 3d DCA 1986).

— 768.31(4)(a)(b) — 1 case

Quinn v. Millard, 358 So. 2d 1378 (Fla. 3d DCA 1978).

— 768.31(4)(b) — 5 cases

St. Cloud Utils. v. Moore, 410 So. 2d 973 (Fla. 5th DCA 1982).

S. Bell Tel. v. Dept. of Transp., 668 So. 2d 1039 (Fla. 3d DCA 1996).

Christiani v. Popovich, 363 So. 2d 2 (Fla. 1st DCA 1978). “[1] Chapter 75-108, Laws of Florida (1975), as amended, Section 768.31, Florida Statutes (1977). Certain of the defendants cross-claimed for indemnity against one another, each conceiving that its potential liability to plaintiff Popovich was for passive negligence only, and…”

Best Sanitary Dis. Co. v. Little Food Town, Inc., 339 So. 2d 222 (Fla. 2d DCA 1976).

Csx Transp., Inc. v. Whittler, 645 So. 2d 2 (Fla. 4th DCA 1994).

— 768.31(4)(c) — 6 cases

St. Cloud Utils. v. Moore, 410 So. 2d 973 (Fla. 5th DCA 1982).

Jones v. Williams Steel Indus., Inc., 460 So. 2d 1004 (Fla. 5th DCA 1984).

West Am. Ins. Co. v. Best Prods. Co., Inc., 541 So. 2d 1302 (Fla. 4th DCA 1989).

Showell Indus., Inc. v. Holmes Cnty., 409 So. 2d 78 (Fla. 1st DCA 1982).

Fleisher v. Florida Patient's Comp. Fund, 498 So. 2d 436 (Fla. 3d DCA 1986).

— 768.31(4)(d) — 6 cases

Florida Patient's Comp. Fund v. St. Paul Fire & Marine Ins. Co., 559 So. 2d 195 (Fla. 1990).

Columbia Cnty. Sheriff's Off. v. Florida Dep't of Law Enf't, 574 So. 2d 234 (Fla. 1st DCA 1991).

Wendel v. Hauser, 726 So. 2d 378 (Fla. 4th DCA 1999).

— 768.31(4)(d)(2) — 5 cases

Florida Patient's Comp. Fund v. St. Paul Fire & Marine Ins. Co., 535 So. 2d 335 (Fla. 4th DCA 1988).

Florida Patient's v. St. Paul Fire, 483 So. 2d 770 (Fla. 4th DCA 1986).

Florida Patient's Comp. Fund v. St. Paul Fire & Marine Ins. Co., 559 So. 2d 195 (Fla. 1990).

Mantesta v. Florida Patient's Comp. Fund, 506 So. 2d 35 (Fla. 4th DCA 1987).

Westfield Ins. Co. v. Chapel Elec. Co., L.L.C., 2024 Ohio 2736 (Ohio Ct. App. 2024).

— 768.31(4)(f) — 7 cases

Holton v. HJ Wilson Co., Inc., 482 So. 2d 341 (Fla. 1986).

Sol Walker & Co. v. Seaboard Coast Line RR Co., 362 So. 2d 45 (Fla. 2d DCA 1978).

U-Haul Co. of East Bay v. Meyer, 586 So. 2d 1327 (Fla. 1st DCA 1991).

St. Paul Fire & Marine Ins. Co. v. Shure, 647 So. 2d 877 (Fla. 4th DCA 1994).

— 768.31(5) — 46 cases

Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980). “" § 768.31(5) Fla. Stat. (1977). Clearly there is no prohibition against a general release in section 768.”

Wells v. Tallahassee Mem. Med. Ctr., 659 So. 2d 249 (Fla. 1995). “§ 768.31, Fla. Stat. (1989) (emphasis added).”

Escadote I Corp. v. Ocean Three Ltd. P'ship, 211 So. 3d 1059 (Fla. 3d DCA 2016).

Cornerstone SMR, Inc. v. Bank of Am., N.A., 163 So. 3d 565 (Fla. 4th DCA 2015).

Sobik's Sandwich Shops, Inc. v. Davis, 371 So. 2d 709 (Fla. 4th DCA 1979).

— 768.31(5)(a) — 11 cases

Florida Patient's Comp. Fund v. Scherer, 558 So. 2d 411 (Fla. 1990).

Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980). “" § 768.31(5) Fla. Stat. (1977). Clearly there is no prohibition against a general release in section 768.”

JFK Med. Ctr., Inc. v. Price, 647 So. 2d 833 (Fla. 1994).

Dep't of Transp. v. Webb, 409 So. 2d 1061 (Fla. 1st DCA 1981).

Safecare Health Corp. v. Rimer, 620 So. 2d 161 (Fla. 1993).

— 768.31(5)(b) — 15 cases

Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980). “" § 768.31(5) Fla. Stat. (1977). Clearly there is no prohibition against a general release in section 768.”

Alexander v. Kirkham, 365 So. 2d 1038 (Fla. 3d DCA 1978).

Frier's, Inc. v. Seaboard Coastline RR Co., 355 So. 2d 208 (Fla. 1st DCA 1978).

— 768.31(6) — 4 cases

Florida Patient's v. St. Paul Fire, 483 So. 2d 770 (Fla. 4th DCA 1986).

Home Ins. Co. v. Advance MacH. Co., 500 So. 2d 664 (Fla. 1st DCA 1986).

Csx Transp., Inc. v. Whittler, 645 So. 2d 2 (Fla. 4th DCA 1994).

— 768.31(7) — 5 cases

Vill. of El Portal v. City of Miami Shores, 362 So. 2d 275 (Fla. 1978). “We have for review on direct appeal a final judgment of a trial court which passed on the constitutional validity of the Uniform Contribution Among Tortfeasors Act, Section 768.31, Florida Statutes (1975). We have jurisdiction.”

Sol Walker & Co. v. Seaboard Coast Line RR Co., 362 So. 2d 45 (Fla. 2d DCA 1978).

Davis v. Lewis, 331 So. 2d 320 (Fla. 1st DCA 1976).

F.H.W. & C., Inc. v. Am. Hosp. of Miami, Inc. ex rel. Florida Hosp. Trust Fund, 575 So. 2d 1300 (Fla. 3d DCA 1991).

— 768.31(a) — 1 case

Liberty Mut. Fire Ins. Co. v. Wal-Mart Stores East, LP, 269 F. Supp. 3d 1254 (M.D. Fla. 2017).

— 768.31(c) — 2 cases

Donajkowski v. Alpena Power Co., 596 N.W.2d 574 (Mich. 1999).

Jewelcor Jewelers & Distributors, Inc. v. S. Ornamentals, Inc., 499 So. 2d 850 (Fla. 4th DCA 1986).

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