Florida Statute 768.36 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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 CourtListener

Amendments to 768.36

Annotations, Discussions, Cases:

Cases Citing Statute 768.36

Total Results: 19

Pearce v. Deschesne

932 So. 2d 640, 31 Fla. L. Weekly Fed. D 1862

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1684834

Cited 6 times | Published

could apportion the relative fault. We reverse. Section 768.36(2), Florida Statutes (2003), reads as follows:

Gouveia v. Phillips

823 So. 2d 215, 2002 WL 1759780

District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 458791

Cited 6 times | Published

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

Shehada v. Tavss

965 F. Supp. 2d 1358, 2013 U.S. Dist. LEXIS 126951, 2013 WL 4714049

District Court, S.D. Florida | Filed: Mar 27, 2013 | Docket: 65993516

Cited 4 times | Published

percent at fault for his or her own harm. Fla. Stat. § 768.36. The foregoing language indicates, however, that

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

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

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1639241

Cited 4 times | Published

3. Did the trial court correctly interpret section 768.36, Florida Statutes (2001), "alcohol or drug

Griffis v. Wheeler

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

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 2546489

Cited 4 times | Published

whether the trial court erred in ruling that section 768.36, Florida Statutes (2006), applies in a wrongful

Kempton v. McComb

266 So. 3d 272

District Court of Appeal of Florida | Filed: Mar 15, 2019 | Docket: 64707699

Cited 1 times | Published

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

KEVIN STEWART v. DEAN D. DRALEAUS

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

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126106

Cited 1 times | Published

be permitted to pursue , his defense under section 768,36, Florida Statutes (2006), which provides in

Gilbert v. State Farm Mutual Automobile Insurance Co.

311 F.R.D. 685, 93 Fed. R. Serv. 3d 161, 2015 U.S. Dist. LEXIS 153298

District Court, M.D. Florida | Filed: Nov 5, 2015 | Docket: 66056881

Cited 1 times | Published

bar to her recovery, pursuant to Florida Statute § 768.36. (Doc. No. 22 at p. 2). That statute provides

State v. Torres

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

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 60300280

Cited 1 times | Published

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

Stricklin v. Allen

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612566

Published

(2018), and the alcohol or drug defense statute, section 768.36, Florida Statutes. 1 Appellant Jenna Stricklin

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

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280856

Published

defendants’ affirmative defense, which was based on section 768.36, Florida Statutes (2011). The statute provides

Patricia I. Ermini v. Mike Scott

Court of Appeals for the Eleventh Circuit | Filed: Sep 10, 2019 | Docket: 16175173

Published

than 50% responsible for her own harm. Fla. Stat. § 768.36(2)(a)– (b) (2019). The district court instructed

Kempton v. McComb

266 So. 3d 272

District Court of Appeal of Florida | Filed: Mar 15, 2019 | Docket: 64707700

Published

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

Kempton v. McComb

264 So. 3d 1180

District Court of Appeal of Florida | Filed: Mar 1, 2019 | Docket: 64705138

Published

percent negligent, the trial court applied section 768.36, Florida Statutes (2014), to completely bar

Kempton v. McComb

264 So. 3d 1180

District Court of Appeal of Florida | Filed: Mar 1, 2019 | Docket: 64705137

Published

percent negligent, the trial court applied section 768.36, Florida Statutes (2014), to completely bar

Harrison v. Gregory

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

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6119612

Published

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

Delancey v. Carlton Arms of Magnolia Valley, LLP

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

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227346

Published

two issues concerning the applicability of section 768.36, Florida Statutes (2005), the alcohol defense

Hetherly v. Sawgrass Tavern Inc.

975 So. 2d 1266, 2008 Fla. App. LEXIS 3468, 2008 WL 649574

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1424680

Published

the comparative alcohol defense created by section 768.36(2), Florida Statutes (2007). This latter defense

Luque v. Ale House Management, Inc.

962 So. 2d 1062, 2007 WL 2403171

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 1519135

Published

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

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.