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Florida Statute 768.72 | Lawyer Caselaw & Research
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F.S. 768.72 Case Law from Google Scholar Google Search for Amendments to 768.72

The 2024 Florida Statutes

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
F.S. 768.72
768.72 Pleading in civil actions; claim for punitive damages.—
(1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages. No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted.
(2) A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. As used in this section, the term:
(a) “Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.
(b) “Gross negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.
(3) In the case of an employer, principal, corporation, or other legal entity, punitive damages may be imposed for the conduct of an employee or agent only if the conduct of the employee or agent meets the criteria specified in subsection (2) and:
(a) The employer, principal, corporation, or other legal entity actively and knowingly participated in such conduct;
(b) The officers, directors, or managers of the employer, principal, corporation, or other legal entity knowingly condoned, ratified, or consented to such conduct; or
(c) The employer, principal, corporation, or other legal entity engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.
(4) The provisions of this section shall be applied to all causes of action arising after the effective date of this act.
History.—s. 51, ch. 86-160; s. 1172, ch. 97-102; s. 22, ch. 99-225.

F.S. 768.72 on Google Scholar

F.S. 768.72 on Casetext

Amendments to 768.72


Arrestable Offenses / Crimes under Fla. Stat. 768.72
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.72.

Annotations, Discussions, Cases:

Cases Citing Statute 768.72

Total Results: 20

Publix Super Markets, Inc. v. Levi

Court: District Court of Appeal of Florida | Date Filed: 2024-12-13

Snippet: 357 So. 3d 703, 706 (Fla. 4th DCA 2023)). Section 768.72, Florida Statutes (2023), thus limits claims for

Progressive Select Insurance Company v. Lloyd's of Shelton Auto Glass, L L C, A/A/O Bruce Farlow

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: reasonable basis for recovery of such damages." § 768.72(1), Fla. Stat. (2020). " '[A] reasonable

Pedro Barcelo v. Little Paket Corp.

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: gross negligence or intentional misconduct. §§ 768.72(1), (2), Fla. Stat. (2024). “‘Intentional misconduct’

Safeco Insurance Company of Illinois v. Rebecca L. Heikka

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: punitive damages, as is required pursuant to section 768.72, Florida Statutes (2022). 2 Therefore, the choices

Safeco Insurance Company of Illinois v. Rebecca L. Heikka

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: punitive damages, as is required pursuant to section 768.72, Florida Statutes (2022). 2 Therefore, the choices

Wells Fargo Bank, N.A. v. Lewis Gopher, Jr.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: or corporate liability for punitive damages. § 768.72(3), Fla. Stat. (2023). Accordingly, the circuit

Victor Herman Creech III and Kathryn Creech v. Joseph Santomassino and Michael P. Kenny, Jr.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-23

Snippet: 4th DCA 2023) (citation omitted). Section 768.72(1), Florida Statutes (2020), provides: In

McLane Foodservice, Inc. v. Elizabeth Wool

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat.; see also Fla. R. Civ. P. 1.190(f)

TIMOTHY MERCER v. SADDLE CREEK TRANSPORTATION, INC. AND CARMEN RIVERA

Court: District Court of Appeal of Florida | Date Filed: 2024-06-28

Snippet: reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat. (2018); see also Fla. R. Civ. P

PROGRESSIVE SELECT INSURANCE COMPANY v. LLOYD'S OF SHELTON AUTO GLASS, L L C, A/A/O BRUCE FARLOW

Court: District Court of Appeal of Florida | Date Filed: 2024-06-07

Snippet: reasonable basis for recovery of such damages." § 768.72(1), Fla. Stat. (2020). " '[A] reasonable

R.J. Reynolds Tobacco Company and Philip Morris USA Inc. v. Lourdes , Jones, as Personal Representative of the Estate of Yolanda Alvarez

Court: District Court of Appeal of Florida | Date Filed: 2024-06-05

Snippet: assert a claim for punitive damages under section 768.72(1), Florida Statutes (2022). This

Orlando Health, Inc. f/k/a Orlando Regional Healthcare System, Inc. v. Mark R. Mohan, Rohini Budhu, South Lake Hospital, Inc., Jorge L. Florin, M.D., P.A., d/b/a Mid-Florida Surgical Associates, and Karl M. Hagen, M.D.

Court: District Court of Appeal of Florida | Date Filed: 2024-05-24

Snippet: assert application of the provisions under section 768.72(3)(a) or (b), Florida Statutes, which would implicate

Ariel Friedler v. Faena Hotels and Residences, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-04-24

Snippet: reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat. (2022); see Bistline v. Rogers

FAYE CRUMP v. AMERICAN MULTI-CINEMA, INC. D/B/A AMC

Court: District Court of Appeal of Florida | Date Filed: 2024-03-28

Snippet: negligence. On July 25, 2022, pursuant to section 768.72, Florida Statutes, and Florida Rule of Civil Procedure

Giselle Gattorno and David Iglesias v. Steven Souto

Court: District Court of Appeal of Florida | Date Filed: 2024-03-27

Snippet: recovery of such damages,” as required by section 768.72(1), Florida Statutes (2021). Specifically, they

LoanFlight Lending, LLC v. Gerald A. Wood

Court: District Court of Appeal of Florida | Date Filed: 2024-03-20

Snippet: 3 Section 768.72, Florida Statutes (2023), provides the basis on

FLORIDA INVESTMENTS UNLIMITED, INC., D/B/A TEAM STAFFING SERVICES AND DEBORAH JONES v. KATHREEN TUMMARELLO, AS PERSONAL RESPRESENTATIVE OF THE ESTATE OF TINAMARIE SMITH

Court: District Court of Appeal of Florida | Date Filed: 2024-03-15

Snippet: tasked with being a ‘gatekeeper’ . . . .”). Section 768.72, Florida Statutes, prohibits a plaintiff from

Downtown Towing Company v. Energy-Cargo MGT, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: the predicate procedural requirements of section 768.72, Florida Statutes (2023), before seeking punitive

Bashar M. Yatak and 52 SW 5th Ct., WHSE, LLC v. La Placita Grocery of Fort Pierce Corp. and Dilson S. Urribarri

Court: District Court of Appeal of Florida | Date Filed: 2024-02-14

Snippet: prerequisites for punitive damages under section 768.72, Florida Statutes (2023), the rule requires the

Steven M. Selz v. Lauren McKagen and Stephen Hursey

Court: District Court of Appeal of Florida | Date Filed: 2024-01-31

Snippet: failed to meet the requirements imposed by section 768.72, Florida Statutes (2022), to amend their complaint