Florida Statute 768.36 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.36

768.36 Alcohol or drug defense.—

(1) As used in this section, the term:

(a) “Alcoholic beverage” means distilled spirits and any beverage that contains 0.5 percent or more alcohol by volume as determined in accordance with s. 561.01(4)(b).

(b) “Drug” means any chemical substance set forth in s. 877.111 or any substance controlled under chapter 893. The term does not include any drug or medication obtained pursuant to a prescription as defined in s. 893.02 which was taken in accordance with the prescription, or any medication that is authorized under state or federal law for general distribution and use without a prescription in treating human diseases, ailments, or injuries and that was taken in the recommended dosage.

(2) In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:

(a) The plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher; and

(b) As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.

History.—s. 20, ch. 99-225; s. 27, ch. 2016-145.

F.S. 768.36 on Google Scholar

F.S. 768.36 on Casetext

Amendments to 768.36

Arrestable Offenses / Crimes under Fla. Stat. 768.36

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.36.

Annotations, Discussions, Cases:

Cases Citing Statute 768.36

Total Results: 17

MASTEC NORTH AMERICA, INC. and ROBERT W. DUMAS v. KATHLEEN MORAKIS, as Limited Guardian of etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-02T00:53:00-07:00

Snippet: her own harm. § 768.36(2), Fla. Stat. In a case involving section 768.36, this court emphasized…affirmative defense, which was based on section 768.36, Florida Statutes (2011). The statute provides …defendant should be permitted to pursue his section 768.36 defense: According to the plain language… he should be able to present his section 768.36 defense with respect to these two plaintiffs.

Kempton v. McComb

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-15T00:00:00-07:00

Citation: 266 So. 3d 272

Snippet: judgment in favor of Mr. McComb after applying section 768.36, Florida Statutes (2015), to completely bar recovery

Kempton v. McComb

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-15T00:00:00-07:00

Citation: 266 So. 3d 272

Snippet: judgment in favor of Mr. McComb after applying section 768.36, Florida Statutes (2015), to completely bar recovery

Kempton v. McComb

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-01T00:00:00-08:00

Citation: 264 So. 3d 1180

Snippet: percent negligent, the trial court applied section 768.36, Florida Statutes (2014), to completely bar recovery… that the trial court erred in applying section 768.36 because the jury's verdict did not indicate…otherwise affirm without further discussion. Section 768.36 creates an "alcohol or drug defense" … 50 percent at fault for his or her own harm. § 768.36(2), Fla. Stat. (2014). Here, the jury's verdict…b).1 *1182If a party intends to rely on section 768.36 as a defense, the jury must make all of the statute

Kempton v. McComb

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-01T00:00:00-08:00

Citation: 264 So. 3d 1180

KEVIN STEWART v. DEAN D. DRALEAUS

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-26T00:00:00-07:00

Citation: 226 So. 3d 990, 2017 WL 3169272, 2017 Fla. App. LEXIS 10688

Snippet: permitted to pursue , his defense under section 768,36, Florida Statutes (2006), which provides in pertinent…follows that he should be able to present his section 768.36 defense with respect to these two plaintiffs.

Harrison v. Gregory

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-07T00:00:00-07:00

Citation: 221 So. 3d 1273, 2017 WL 2885599, 2017 Fla. App. LEXIS 9713

Snippet: factor for the accident. On this issue, section 768.36, Florida Statutes (2012), provides, in pertinent

Delancey v. Carlton Arms of Magnolia Valley, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-28T00:00:00-08:00

Citation: 104 So. 3d 1143, 2012 Fla. App. LEXIS 20321, 2012 WL 5935965

Snippet: issues concerning the applicability of section 768.36, Florida Statutes (2005), the alcohol defense statute

State v. Torres

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-06T00:00:00-07:00

Citation: 60 So. 3d 560, 2011 Fla. App. LEXIS 6451, 2011 WL 1707210

Snippet: So.2d 1009, 1009 (Fla. 2d DCA 1986); see also § 768.36(2), Fla. Stat. (2008) (stating that in a civil

Charron v. Birge

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-09T00:00:00-07:00

Citation: 37 So. 3d 292, 2010 Fla. App. LEXIS 4696, 2010 WL 1404060

Snippet: get a better break than do following drivers. See 768.36, Fla. Stat. (2009); Pearce v. Deschesne, 932 So

Archbishop Coleman F. Carroll High School, Inc. v. Maynoldi

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-10T00:00:00-08:00

Citation: 30 So. 3d 533, 2010 Fla. App. LEXIS 1352, 2010 WL 445709

Snippet: Did the trial court correctly interpret section 768.36, Florida Statutes (2001), "alcohol or drug…school's affirmative defense based on section 768.36(2), Florida Statutes (2001). That statute provides…deed go unpunished. C. Alcohol DefenseSection 768.36 As noted, the trial court struck the school'… affirmative defense raising the bar of section 768.36, "alcohol or drug defense." The applicability…affirmatively defended on various grounds including section 768.36. The plaintiff moved to strike the statutory defense

Griffis v. Wheeler

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-31T00:00:00-07:00

Citation: 18 So. 3d 2, 2009 Fla. App. LEXIS 10491, 2009 WL 2342722

Snippet: whether the trial court erred in ruling that section 768.36, Florida Statutes (2006), applies in a wrongful…argument that the “plaintiff’ referred to in section 768.36, Florida Statutes, does not include an estate, …barred any recovery if the standards of F.S. Sec. 768.36(3) were met. Yet by virtue of his death, his Estate…had (again, assuming the standards of F.S. Sec. 768.36 were met). Statutory interpretation cannot be stretched…the intoxication defense provided for in section 768.36, Florida Statutes, applied in a wrongful death

Hetherly v. Sawgrass Tavern Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-12T00:53:00-07:00

Citation: 975 So. 2d 1266

Snippet: comparative alcohol defense created by section 768.36(2), Florida Statutes (2007). This latter defense…recovery for those caused by the defendant. Section 768.36 is not an issue in this appeal. [5] See § 775.051

Luque v. Ale House Management, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-24T00:53:00-07:00

Citation: 962 So. 2d 1062

Snippet: unforeseeable negligence of another driver; that section 768.36, Florida Statutes relieved it of any liability;

Pearce v. Deschesne

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-12T00:00:00-07:00

Citation: 932 So. 2d 640

Snippet: apportion the relative fault. We reverse. Section 768.36(2), Florida Statutes (2003), reads as follows: …issue as a matter of law. We stress that section 768.36(2) does not purport to make trial judges the sole

Gouveia v. Phillips

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-31T00:00:00-07:00

Citation: 823 So. 2d 215

Snippet: arising under section 768.36(2), as it has not been raised in any pleading. See § 768.36, Fla. Stat. (2000

Bert Lane Company v. International Industries

Court: Fla. | Date Filed: 1955-12-13T23:53:00-08:00

Citation: 84 So. 2d 5

Snippet: supra; and White v. Rankin, 144 U.S. 628, 12 S.Ct. 768, 36 L.Ed. 569. A clear and concise statement of the