Florida Statute 768.725 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

768.725 Punitive damages; burden of proof.—In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The “greater weight of the evidence” burden of proof applies to a determination of the amount of damages.

History.—s. 21, ch. 99-225.

F.S. 768.725 on Google Scholar

F.S. 768.725 on CourtListener

Amendments to 768.725

Annotations, Discussions, Cases:

Cases Citing Statute 768.725

Total Results: 12

Morgan Stanley & Co. v. Coleman Holdings

955 So. 2d 1124, 2007 Fla. App. LEXIS 4167, 2007 WL 837221

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1186345

Cited 24 times | Published

substantial violations of court orders. [5] See § 768.725, Fla. Stat. (2005) ("In all civil actions, the

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

convincing evidence burden of proof provided in F.S. 768.725 applies to punitive damages claims made pursuant

Bailey v. St. Louis

196 So. 3d 375, 2016 Fla. App. LEXIS 1375, 41 Fla. L. Weekly Fed. D 321

District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033838

Cited 7 times | Published

punitive damages by clear and convincing evidence. § 768.725. When claims for punitive damages are made

Pozzi Window Co. v. Auto-Owners Insurance

446 F.3d 1178, 2006 U.S. App. LEXIS 9823

Court of Appeals for the Eleventh Circuit | Filed: Apr 19, 2006 | Docket: 398555

Cited 2 times | Published

to an award of punitive damages.” Fla. Stat. § 768.725 (emphasis added). Florida courts have clarified

M.B. Hayes, Inc. v. Tak Chin Choi (In Re M.B. Hayes, Inc.)

305 B.R. 361, 17 Fla. L. Weekly Fed. B 102, 2003 Bankr. LEXIS 1927

United States Bankruptcy Court, M.D. Florida | Filed: Dec 17, 2003 | Docket: 1081784

Cited 1 times | Published

entitlement by clear and convincing evidence. Fl.St. § 768.725. The Owner-Defendants have not established by

R.J. Reynolds Tobacco Company v. Jennifer Rey

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962808

Published

punitive damages by clear and convincing evidence. § 768.725, Fla. Stat. . . . Yet the Engle findings were

Menada, Inc., Etc. v. Gabriela Arevalo, Etc.

District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70572352

Published

merits of Arevalo’s punitive damages claims. See § 768.725 (“In all civil actions, the plaintiff must establish

940 Ocean Drive, LLC v. Sobe USA, LLC

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834278

Published

award and remanded for further proceedings. See § 768.725, Fla. Stat. (2024). Under the burden-shifting

940 Ocean Drive, LLC v. Sobe USA, LLC

District Court of Appeal of Florida | Filed: Jan 29, 2025 | Docket: 69587491

Published

Interpretation of Legal Texts 56 (2012)). Section 768.725, Florida Statutes (2024), governs the plaintiff’s

THE EVENT DEPOT CORP. v. ROBERT FRANK

269 So. 3d 559

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988985

Published

Statutes. Ch. 99-225, Laws of Fla. Relevant here, section 768.725 was enacted to “provid[e] for evidentiary standards

Pozzi Window Co. v. Auto-Owners Insurance

429 F. Supp. 2d 1311, 2004 U.S. Dist. LEXIS 29563, 2004 WL 3774858

District Court, S.D. Florida | Filed: Dec 29, 2004 | Docket: 2355315

Published

by clear and convincing evidence. Fla. Stat. § 768.725. The jury in this case was instructed that punitive

Standard Jury Instructions in Civil Cases

849 So. 2d 1083, 28 Fla. L. Weekly Supp. 510, 2003 Fla. LEXIS 1074, 2003 WL 21467238

Supreme Court of Florida | Filed: Jun 26, 2003 | Docket: 64824022

Published

burden of proof provided in Florida Statutes section 768.725 applies to punitive damages claims made pursuant

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.