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Florida Statute 768.733 | Lawyer Caselaw & Research
F.S. 768.733 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 768.733

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
F.S. 768.733
768.733 Bonds in class actions; limitations.
(1) In any civil action that is brought as a certified class action, the trial court, upon the posting of a bond or equivalent surety as provided in this section, shall stay the execution of any judgment, or portion thereof, entered on account of punitive damages pending completion of any appellate review of the judgment.
(2) The required bond or equivalent surety acceptable to the court for imposition of the stay shall be the lower of:
(a) The amount of the punitive-damages judgment, plus twice the statutory rate of interest; or
(b) Ten percent of the net worth of the defendant as determined by applying generally accepted accounting principles to the defendant’s financial status as of December 31 of the year prior to the judgment for punitive damages;

provided that in no case shall the amount of the required bond or equivalent surety exceed $100 million, regardless of the amount of punitive damages.

(3) If, at any time after notice and hearing, the court finds that a defendant who has posted a bond or equivalent surety pursuant to subsection (2) is purposefully moving assets with the intent to avoid the punitive-damages judgment, the court shall increase the bond or equivalent surety to the amount determined pursuant to paragraph (2)(a). If the defendant does not post the additional bond required by the court, the stay shall be revoked.
History.s. 4, ch. 2000-128.

F.S. 768.733 on Google Scholar

F.S. 768.733 on Casetext

Amendments to 768.733


Arrestable Offenses / Crimes under Fla. Stat. 768.733
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.733.



Annotations, Discussions, Cases:

Cases from cite.case.law:

R. J. REYNOLDS TOBACCO COMPANY, v. HALL, Sr., 67 So. 3d 1084 (Fla. Dist. Ct. App. 2011)

. . . In 2000, the Legislature enacted section 768.733, Florida Statutes. . . . See § 768.733(2), Fla. . . . CS for SB 1720 (2000) (First Engrossed) (providing legislative intent for section 768.733 as recognized . . . As was the case with section 768.733, the enactment of section 569.23(3) was based on concerns that the . . . CS/HB 1721 became chapter 2000-128, Laws of Florida, which enacted section 768.733. . . . .

BDO SEIDMAN, LLP, v. BANCO ESPIRITO SANTO INTERNATIONAL, LTD. ESB S. A., 998 So. 2d 1 (Fla. Dist. Ct. App. 2008)

. . . authorized by section 45.045 of the Florida Statutes: (1) Except for certified class actions subject to s. 768.733 . . .