Florida Statute 768.35 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

768.35 Continuing domestic violence.—

(1) A victim of domestic violence, as defined in s. 741.28, who has suffered repeated physical or psychological injuries over an extended period of time, as a result of continuing domestic violence, has a cause of action against the perpetrator responsible for the violence.

(2) The action may be brought in any court of competent jurisdiction to recover compensatory and punitive damages against the perpetrator causing the continued domestic violence. No plaintiff however, may recover twice for the same incident which gives rise to the cause of action.

(3) Actions for recovery under this section must be commenced within 4 years. The time within which an action for recovery under this section must be begun runs from the time the last incident of domestic violence occurs.

(4) Notwithstanding any other provision of law, punitive damages awarded in any civil tort action involving domestic violence as defined in s. 741.28 shall not be governed by the provisions of s. 768.73. The state hereby waives its right to collect any punitive damages from any victim of domestic violence not collected as of the effective date of this act.

History.—s. 9, ch. 95-182; s. 37, ch. 95-184.

F.S. 768.35 on Google Scholar

F.S. 768.35 on CourtListener

Amendments to 768.35

Annotations, Discussions, Cases:

Cases Citing Statute 768.35

Total Results: 2

Heggs v. State

759 So. 2d 620, 2000 WL 178052

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 1421324

Cited 311 times | Published

1673-75 (amending section 741.31, creating section 768.35, and amending section 784.046, respectively)

State v. Thompson

750 So. 2d 643, 1999 WL 1244518

Supreme Court of Florida | Filed: Dec 22, 1999 | Docket: 1736595

Cited 67 times | Published

of the chapter law, the Legislature created section 768.35, Florida Statutes, to provide a cause of action

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.