Florida Statute 768.72 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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

Safeco Insurance Company of Illinois v. Rebecca L. Heikka

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2024-10-23T00:00:00-07:00

Snippet: . 4th DCA 2023) (citation omitted). Section 768.72(1), Florida Statutes (2020), provides: In…allowed by the rules of civil procedure. § 768.72(1), Fla. Stat. (2020); see also Globe Newspaper…Fla. 4th DCA 2023) (emphasis added). Section 768.72 further provides (in relevant part): (2)…rights of persons exposed to such conduct. § 768.72(2), Fla. Stat. (2020). …to others to show gross negligence under section 768.72(2)(b).” Id. In short, the Sixth District concluded

McLane Foodservice, Inc. v. Elizabeth Wool

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: damages is found in Chapter 768.72, Florida Statutes (2022). Specifically, 768.72(1) provides: (1) …reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat.; see also Fla. R. Civ. P. 1.190…. 2d 518, 519 (Fla. 1995) (“[R]ead[ing] section 768.72 to create a substantive legal right not to be …intentional misconduct or gross negligence.” § 768.72(2), Fla. Stat. Instead, the gatekeeping function… of conduct, resulting in injury or damage.” § 768.72 (2)(a), Fla. Stat. “‘Gross negligence’ means that

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-28T00:00:00-07:00

Snippet: reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat. (2018); see also Fla. R. Civ. P.…intentional misconduct or gross negligence.” See § 768.72(2). Rivera contends Mercer was grossly negligent…or rights of persons exposed to such conduct.” § 768.72(2)(b). Trial courts act as gatekeepers during… others to show gross negligence under section 768.72(2)(b). All cell phone use is not equal

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-07T00:00:00-07:00

Snippet: reasonable basis for recovery of such damages." § 768.72(1), Fla. Stat. (2020). " '[A] reasonable… So. 3d 247, 249 (Fla. 4th DCA 2023) (quoting § 768.72(1)). To recover punitive damages in a bad faith…disregard of its rights under the policy. See § 768.72(1) (requiring that "[i]n any civil action,…different than traditional amendments in that section 768.72 has created a substantive legal right not to be… Shack made the necessary showing under section 768.72 to allow it to assert a claim for punitive damages

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: assert a claim for punitive damages under section 768.72(1), Florida Statutes (2022). This …2d 518, 519 (Fla. 1995) (explaining that section 768.72(1) creates “a substantive legal right not to be

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: Fla. Dist. Ct. App. | Date Filed: 2024-05-24T00:00:00-07:00

Snippet: assert application of the provisions under section 768.72(3)(a) or (b), Florida Statutes, which would implicate…reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat; see also Fla. R. Civ. P. 1.190(f…or injury suffered by the claimant. § 768.72, Fla. Stat. (2023). Appellees’ expert’s affidavits

Ariel Friedler v. Faena Hotels and Residences, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-24T00:00:00-07:00

Snippet: reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat. (2022); see Bistline v. Rogers,… intentional misconduct or gross negligence.” § 768.72(2), Fla. Stat. (2022). In its order on …in or consented to the conduct at issue. See § 768.72(3), Fla. Stat. (2022). In our de novo1 review

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-28T00:00:00-07:00

Snippet: negligence. On July 25, 2022, pursuant to section 768.72, Florida Statutes, and Florida Rule of Civil Procedure…punitive damages is substantively governed by section 768.72, Florida Statutes. “[N]o claim for punitive damages…reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat. (2017) (emphasis added). This statute… 5 negligent, as defined by” section 768.72. Varnedore, 210 So. 3d at 745. “Absent sufficient… 1288. By the plain language of section 768.72, punitive damages 6 are permissible “only if the

Giselle Gattorno and David Iglesias v. Steven Souto

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00

Snippet: recovery of such damages,” as required by section 768.72(1), Florida Statutes (2021). Specifically, they… misconduct or gross negligence” under section 768.72(2), Florida Statutes (2021). We have jurisdiction…complied with the procedural requirements of section 768.72, Florida Statutes. See, e.g., Ross Dress For Less…conformed with the procedural requirements of section 768.72, but do not have certiorari jurisdiction to review…followed the procedural requirements of section 768.72. Certiorari is not available to review a determination

LoanFlight Lending, LLC v. Gerald A. Wood

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-20T00:00:00-07:00

Snippet: 3 Section 768.72, Florida Statutes (2023), provides the basis on…damages, or injury suffered by the claimant. § 768.72, Fla. Stat. (2023). The Woods claim that

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: Fla. Dist. Ct. App. | Date Filed: 2024-03-15T00:00:00-07:00

Snippet: tasked with being a ‘gatekeeper’ . . . .”). Section 768.72, Florida Statutes, prohibits a plaintiff from …or rights of persons exposed to such conduct.” § 768.72(1), (2), Fla. Stat. (2022). By design, this statutory… King, 658 So. 2d 518, 519 (Fla. 1995) (Section 768.72 “create[d] a substantive legal right not to be

Downtown Towing Company v. Energy-Cargo MGT, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: the predicate procedural requirements of section 768.72, Florida Statutes (2023), before seeking punitive…failure to comply with requirements of section 768.72). Given the procedural error, we reverse and remand

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

Snippet: prerequisites for punitive damages under section 768.72, Florida Statutes (2023), the rule requires the…reasonable basis for recovery of such damages.” § 768.72(1), Fla. Stat. (2023). Punitive damages are

Steven M. Selz v. Lauren McKagen and Stephen Hursey

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-31T00:00:00-08:00

Snippet: in injury or damage.” § 768.72(2)(a), Fla. Stat. (2018). Thus, “section 768.72(2) requires an evidentiary…failed to meet the requirements imposed by section 768.72, Florida Statutes (2022), to amend their complaint…damages based on intentional misconduct under section 768.72(2)(a), Florida Statutes (2018). … 3 Sections 817.535 and 768.72, Florida Statutes Section 817.535 sets out …punitive damages, subject to the criteria in s. 768.72, to the person adversely affected by the

Phoenix Management Services, Inc. and Adam Goldberg v. Waterchase Homeowners' Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-24T00:00:00-08:00

Snippet: requirements for punitive damages established by section 768.72, Florida Statutes. ___ So. 3d ____, 48 Fla. L.

JOHN KNOX VILLAGE OF CENTRAL FLORIDA, INC. AND LESLY MOMPOINT, AS TO MAJESTIC OAKS v. ESTATE OF ALMA JANE LAWRENCE, BY AND THROUGH MARIAN K. CASTLEMAN, PERSONAL REPRESENTATIVE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: relevant to this appeal. Section 768.72 applies to “any civil action.” § 768.72(1), Fla. Stat. It states in…reasonable basis for recovery of such damages. § 768.72(1), Fla. Stat. Chapter 400 covers nursing…2020) (explaining that case law discussing section 768.72 is significant and applicable, but section 400.0237…remain unaltered. See § 400.0237, Fla. Stat.; § 768.72, Fla. Stat. Thus, we are bound to apply Varnedore…Fourth District Court’s interpretation of section 768.72 as it has no bearing here.

FLORIDA BC HOLDINGS, LLC D/B/A SYNERGY EQUIPMENT v. JAY E. REESE

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-21T00:00:00-08:00

Snippet: intentional misconduct or gross negligence. § 768.72, Fla. Stat. (2008). The jury reached its verdict