Florida Statute 768.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.31

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.

F.S. 768.31 on Google Scholar

F.S. 768.31 on Casetext

Amendments to 768.31

Arrestable Offenses / Crimes under Fla. Stat. 768.31

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.31.

Annotations, Discussions, Cases:

Cases Citing Statute 768.31

Total Results: 20

AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANG

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-02T23:53:00-08:00

Snippet: 2020); see also §768.041(2), Fla. Stat. (2020); § 768.31(5)(a), Fla. Stat. (2020). The setoff statutes …for it, whichever is the greater[.]” § 768.31(5)(a), Fla. Stat. (2020). A non-settling…setoff (i.e., sections 46.015(2), 768.041(2), and 768.31(5)(a)), the right to such a setoff endures.

Holmes Regional Medical Center, Inc. v. Allstate Insurance Company – Corrected Opinion

Court: Fla. | Date Filed: 2017-09-07T00:53:00-07:00

Snippet: 1975. See ch. 75-108, Laws of Fla. (creating § 768.31, Fla. Stat. (1975)).4 4. I fully understand

Holmes Regional Medical Center, Inc. v. Allstate Insurance Company

Court: Fla. | Date Filed: 2017-07-13T00:00:00-07:00

Citation: 225 So. 3d 780, 42 Fla. L. Weekly Supp. 738, 2017 WL 2981863, 2017 Fla. LEXIS 1500

Snippet: 1975. See ch. 75-108, Laws of Fla. (creating § 768.31, Fla. Stat. (1975)).4 *795The law in Florida also

Escadote I Corp. v. Ocean Three Limited Partnership

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 211 So. 3d 1059, 2016 WL 7403660, 2016 Fla. App. LEXIS 18677

Snippet: settle, thus frustrating the purpose of section 768.31(5), Florida Statutes 1987.”). It may be the hearing

Gary McCalla and Dianne McCalla v. E. C. Kenyon Construction Company, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-14T00:00:00-08:00

Citation: 183 So. 3d 1192

Snippet: is found in sections 46.015(2), 768.041(2), and 768.31(5), Florida Statutes (1997).” D’Angelo v.

Grove Key Marina v. Casamayor v. City of Miami

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-27T00:00:00-07:00

Citation: 166 So. 3d 879, 2015 Fla. App. LEXIS 7977

Snippet: the amount by which he overpaid. See § 768.31(2), Fla. Stat. (2013). The County’s argument

Cornerstone SMR, Inc. v. Bank of America, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-08T00:00:00-07:00

Citation: 163 So. 3d 565, 2015 Fla. App. LEXIS 5106, 2015 WL 1545006

Snippet: materially identical language); see also § 768.31(5), Fla. Stat. (2012) (effect of release or covenant

John Steven Huggins v. State of Florida

Court: Fla. | Date Filed: 2014-10-09T00:00:00-07:00

Citation: 161 So. 3d 335

Snippet: v. United States, 405 U.S. 150, 92 S.Ct. 768, 31 L.Ed.2d 104 (1972). Huggins’ claim fails because

Ortiz v. Regalado

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-01T00:00:00-08:00

Citation: 113 So. 3d 57, 2013 WL 765008, 2013 Fla. App. LEXIS 3320

Snippet: Statute, Section 768.31 To begin our discussion, we quote the portions of section 768.31 relevant to our…62among joint tortfeasors, as provided in section 768.31, Florida Statutes (2006). A.Preservation of the…tort for the same injury or wrongful death. See § 768.31(2)(a).8 Although a jury might “find” the Fabre …issue can be determined in a separate action. See § 768.31(4)(a), (c). This was one of the Regalados’ arguments

Claudio v. Regalado

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-01T00:00:00-08:00

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

Snippet: contribution against Mrs. Regalado pursuant to section 768.31, Florida Statutes (2006), the Uniform Contribution…. Regalado for contribution pursuant to section 768.31. As noted above, the initial judge denied him this…Uniform Contribution Among Tortfeasors Act Section 768.31, Florida Statutes The relevant portions of the …appellate review. B. Discussion Based on section 768.31, Mr. Claudio argues that because Mrs. Regala-do…tort for the same injury or wrongful death. See § 768.31(2)(a). Although a jury might “find” a Fabre defendant

Trapper John Animal Control, Inc. v. Gilliard

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-31T00:00:00-07:00

Citation: 96 So. 3d 461, 2012 Fla. App. LEXIS 14623, 2012 WL 3761899

Snippet: Tortfeasors Act (“the Contribution Act”), section 768.31, Florida Statutes. In the underlying wrongful death…contribution against other joint tortfeasors. Section 768.31(2)(a), Florida Statutes (2003), provides: “[Wjhen…death is not extinguished by the settlement....” § 768.31(2)(d), Fla. Stat. Additionally, when a release …other tortfeasors unless its terms so provide. § 768.31(5)(a), Fla. Stat. (2003). Thus, a settling tortfeasor

Healthcare Staffing Solution, Inc. v. Wilkinson ex rel. Wilkinson

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-12T00:00:00-07:00

Citation: 86 So. 3d 519, 2012 Fla. App. LEXIS 3847, 2012 WL 762070

Snippet: rata share of the entire liability” under section 768.31(2)(b), Florida Statutes (1997). On remand, after…construe the phrase “entire liability” in section 768.31(2)(b) to mean the amount of the settlement and,…whether the phrase “entire liability” in section 768.31(2)(b) means the potential value of the underlying…the parameters of which are set forth in section 768.31, Florida Statutes. Id. The particular provision…pro rata share of 'the entire liability. § 768.31(2)(b), Fla. Stat. (1997). The first sentence of

University of Miami v. Francois

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-21T00:00:00-08:00

Citation: 76 So. 3d 360, 2011 Fla. App. LEXIS 20459, 2011 WL 6373020

Snippet: settlement agreement and release. See §§ 768.041(1), 768.31(5)(a), Fla. Stat. (1997); Broz v. Rodriguez, 891

Zeiger Crane Rentals, Inc. v. Double a Industries, Inc.

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

Citation: 16 So. 3d 907, 2009 Fla. App. LEXIS 10746, 2009 WL 2382320

Snippet: contribution is statutory, and is found in section 768.31(2)(a), Florida Statutes: "Except as otherwise

T & S Enterprises Handicap Accessibility, Inc. v. Wink Industrial Maintenance & Repair, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-13T00:00:00-07:00

Citation: 11 So. 3d 411, 2009 Fla. App. LEXIS 4630, 2009 WL 1311606

Snippet: liability for joint tortfeasors and that section 768.31, Florida Statutes (2006), mandates that a court…were decided before the current version of section 768.31 was enacted. That section now provides that in

Villa Maria Nursing & Rehabilitation Center, Inc. v. South Broward Hospital District

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-08T00:00:00-07:00

Citation: 8 So. 3d 1167, 2009 Fla. App. LEXIS 2893, 2009 WL 928461

Snippet: if such claim is for contribution pursuant to s. 768.31, it must be so presented within 6 months after

Healthcare Staffing Solutions, Inc. v. Wilkinson Ex Rel. Wilkinson

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-19T00:00:00-08:00

Citation: 5 So. 3d 726, 2009 Fla. App. LEXIS 1296, 2009 WL 400369

Snippet: quot;) in an action for contribution under section 768.31, Florida Statutes (1997), and equitable subrogation…pro rata share of the entire liability." § 768.31(2)(b), Fla. Stat. (1997). Whether the trial court…shall be the basis for allocation of liability. § 768.31, Fla. Stat. (1997). To determine a contribution…in tort for the "same injury," section 768.31(2)(a), the term "liability," as used …"entire liability" as used in section 768.31(2)(b) refers to the responsibility born by all

Soncoast Community Church v. TRAVIS BOATING

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-21T00:00:00-07:00

Citation: 981 So. 2d 654, 2008 WL 2116822

Snippet: Travis must be covered by the general release. See § 768.31(2)(d), Fla. Stat. The trial court agreed with Travis

Lederer v. ORLANDO UTILITIES COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-18T00:53:00-07:00

Citation: 981 So. 2d 521

Snippet: if such claim is for contribution pursuant to s. 768.31, it must be so presented within 6 months after

Shah v. Bland

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-10T23:53:00-08:00

Citation: 973 So. 2d 1188

Snippet: entered against them in favor of his wife. See § 768.31, Fla. Stat. (2001). Although it is unlikely that