Florida Statute 768.733 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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 Citing Statute 768.733

Total Results: 3

The Waves of Hialeah, Inc. v. MacHado

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: Except for certified class actions subject to s. 768.733, in any civil action brought under any legal…apply to certified class actions subject to s. 768.733. (3) If an appellant has posted a supersedeas

R.J. Reynolds Tobacco Co. v. Hall

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-12T00:00:00-07:00

Citation: 67 So. 3d 1084, 2011 Fla. App. LEXIS 10909, 2011 WL 2685609

Snippet: FSA. In 2000, the Legislature enacted section 768.733, Florida Statutes. This statute established a $100…damage award in a certified class action. See § 768.733(2), Fla. Stat. (2000) (limiting the bond to the…Engrossed) (providing legislative intent for section 768.733 as recognized in Fla. S. Jour. 1442 (Reg. Sess.… (on file with comm.) (explaining that section 768.733 was part of a comprehensive bill designed to protect… Ct.1996)"). As was the case with section 768.733, the enactment of section 569.23(3) was based on

BDO Seidman v. BANCO ESPIRITO SANTO INTERNATIONAL, LTD.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-16T00:53:00-07:00

Citation: 998 So. 2d 1

Snippet: Except for certified class actions subject to s. 768.733, in any civil action *2 brought under any legal