Florida Statutes

Fla. Stat. § 768.71 (2025)

Applicability; conflicts.

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768.71 Applicability; conflicts.—

(1) Except as otherwise specifically provided, this part applies to any action for damages, whether in tort or in contract.

(2) This part applies only to causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date.

(3) If a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply.

History.—s. 50, ch. 86-160.

Notes of Decisions

Cited in 47 cases (3 in the last 5 years), 1987–2022 · leading case: State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006).

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State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006). · cites it 4× “" § 768.71(3), Fla. Stat. (1999). Thus, if the offer of judgment statute conflicts with the attorney's fees provision in the PIP statute, the latter controls.”

Metro. Dade Cnty. v. Jones Boatyard, Inc., 611 So. 2d 512 (Fla. 1993). · cites it 7× “Section 768.71 entitled "Applicability; conflicts," provides in part: (2) This part applies only to causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date.”

Evangelatos v. Superior Court, 753 P.2d 585 (Cal. 1988). · cites it 2× “Several of the new statutes were explicitly made applicable only to causes of action accruing after the date of the new legislation ( Fla. Stat. Ann. § 768.71 (2) (West Supp. 1987); Mo.”

Caruso v. Baumle, 880 So. 2d 540 (Fla. 2004). · cites it 5× “" § 768.71(1), Fla. Stat. (2001). The statute clarifies, however, that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply.”

Walt Disney World Co. v. Wood, 515 So. 2d 198 (Fla. 1987). · cites it 5× “For those accidents to which section 768.71, Florida Statutes (Supp. 1986), applies, this ruling would be modified to conform to the statute.”

Nichols v. State Farm Mut., 851 So. 2d 742 (Fla. 5th DCA 2003). · cites it 2× “79 is part of Chapter 768, Florida Statutes, wherein the Legislature included section 768.71(3), which provides that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply.”

Goodin v. Bank of Am. N.A., 114 F. Supp. 3d 1197 (M.D. Fla. 2015). · cites it 2× “” Fla. Stat. § 768.71 . Thus, the Eleventh Circuit has assumed that the punitive damages cap in Fla.”

St. John v. Coisman, 799 So. 2d 1110 (Fla. 5th DCA 2001). · cites it 2× “73 may not apply to a federal cause of action for intentional deprivation of civil rights because section 768.71(1), entitled "Applicability, conflicts," provides that "this part [Part II, Damages] applies to any action for damages, whether in tort or in contract," "[e]xcept as…”

Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352 (Fla. 1994). “" § 768.71(2). When first enacted, however, the statute did not include the "misconduct in commercial transactions" language.”

White v. Westlund, 624 So. 2d 1148 (Fla. 4th DCA 1993). · cites it 2× “Section 768.71, states that, "[e]xcept as otherwise specifically provided, this part applies to any action for damages, whether in tort or in contract.”

US SEC. Ins. Co. v. Cahuasqui, 760 So. 2d 1101 (Fla. 3d DCA 2000). · cites it 3× “*1106 The lower court also relied upon section 768.71, Florida Statues in determining that the offer of judgment statute does not apply in PIP cases.”

Garcia v. Arraga, 872 So. 2d 266 (Fla. 4th DCA 2004). · cites it 5× “NOTES [1] Section 768.71(1), Fla Stat. (2003). [2] The appellate court implied that Section 627.”

Show all 47 citing cases →

— 768.71(1) — 11 cases

St. John v. Coisman, 799 So. 2d 1110 (Fla. 5th DCA 2001). “73 may not apply to a federal cause of action for intentional deprivation of civil rights because section 768.71(1), entitled "Applicability, conflicts," provides that "this part [Part II, Damages] applies to any action for damages, whether in tort or in contract," "[e]xcept as…”

Caruso v. Baumle, 880 So. 2d 540 (Fla. 2004). “" § 768.71(1), Fla. Stat. (2001). The statute clarifies, however, that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply.”

Current Builders v. First Sealord Sur., 984 So. 2d 526 (Fla. 4th DCA 2008).

Garcia v. Arraga, 872 So. 2d 266 (Fla. 4th DCA 2004). “NOTES [1] Section 768.71(1), Fla Stat. (2003). [2] The appellate court implied that Section 627.”

Osler v. Collins, 870 So. 2d 65 (Fla. 2d DCA 2003).

— 768.71(2) — 10 cases

Evangelatos v. Superior Court, 753 P.2d 585 (Cal. 1988). “Several of the new statutes were explicitly made applicable only to causes of action accruing after the date of the new legislation ( Fla. Stat. Ann. § 768.71 (2) (West Supp. 1987); Mo.”

Metro. Dade Cnty. v. Jones Boatyard, Inc., 611 So. 2d 512 (Fla. 1993). “Section 768.71 entitled "Applicability; conflicts," provides in part: (2) This part applies only to causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date.”

Alamo Rent-A-Car, Inc. v. Mancusi, 632 So. 2d 1352 (Fla. 1994). “" § 768.71(2). When first enacted, however, the statute did not include the "misconduct in commercial transactions" language.”

Walt Disney World Co. v. Wood, 515 So. 2d 198 (Fla. 1987). “For those accidents to which section 768.71, Florida Statutes (Supp. 1986), applies, this ruling would be modified to conform to the statute.”

Lancer Arabians, Inc. v. Beech Aircraft Corp., 723 F. Supp. 1444 (M.D. Fla. 1989).

— 768.71(3) — 15 cases

State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006). “" § 768.71(3), Fla. Stat. (1999). Thus, if the offer of judgment statute conflicts with the attorney's fees provision in the PIP statute, the latter controls.”

Nichols v. State Farm Mut., 851 So. 2d 742 (Fla. 5th DCA 2003). “79 is part of Chapter 768, Florida Statutes, wherein the Legislature included section 768.71(3), which provides that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply.”

Garcia v. Arraga, 872 So. 2d 266 (Fla. 4th DCA 2004). “NOTES [1] Section 768.71(1), Fla Stat. (2003). [2] The appellate court implied that Section 627.”

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