Florida Statute 768.735 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.735

768.735 Punitive damages; exceptions; limitation.—

(1) Sections 768.72(2)-(4), 768.725, and 768.73 do not apply to any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled. Such actions are governed by applicable statutes and controlling judicial precedent. This section does not apply to claims brought pursuant to s. 400.023 or s. 429.29.

(2)(a) In any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled, and involving the award of punitive damages, the judgment for the total amount of punitive damages awarded to a claimant may not exceed three times the amount of compensatory damages awarded to each person entitled thereto by the trier of fact, except as provided in paragraph (b). This subsection does not apply to any class action.

(b) If any award for punitive damages exceeds the limitation specified in paragraph (a), the award is presumed to be excessive and the defendant is entitled to remittitur of the amount in excess of the limitation unless the claimant demonstrates to the court by clear and convincing evidence that the award is not excessive in light of the facts and circumstances that were presented to the trier of fact.

(c) This subsection is not intended to prohibit an appropriate court from exercising its jurisdiction under s. 768.74 in determining the reasonableness of an award of punitive damages which is less than three times the amount of compensatory damages.

(d) The jury may not be instructed or informed as to the provisions of this section.

(3) This section is remedial in nature and shall take effect upon becoming a law.

History.—s. 24, ch. 99-225; s. 11, ch. 2001-45; s. 107, ch. 2006-197.

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Amendments to 768.735

Arrestable Offenses / Crimes under Fla. Stat. 768.735

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.735.

Annotations, Discussions, Cases:

Cases Citing Statute 768.735

Total Results: 7

Brevard Achievement v. Camp

Court: District Court of Appeal of Florida | Date Filed: 2018-08-27

Citation: 254 So. 3d 1135

Snippet: based on abuse of the developmentally disabled. § 768.735(1), Fla. Stat. (2018). Florida's developmental

In re Standard Jury Instructions in Civil Case—Report No. 12-01

Court: Supreme Court of Florida | Date Filed: 2013-05-30

Citation: 130 So. 3d 596, 2013 WL 2349287

Snippet: DAMAGES CHARGES Effective October 1, 1999, F.S. 768.735 changed the common law of punitive damages. These

Place at Vero Beach, Inc. v. Hanson

Court: District Court of Appeal of Florida | Date Filed: 2007-04-25

Citation: 953 So. 2d 773, 2007 WL 1202242

Snippet: Statutes 400.023(7) and (8) and Florida Statutes 768.735. This court's recent decision in Blankfeld v. Richmond

Williams v. Tandem Health Care of Florida

Court: District Court of Appeal of Florida | Date Filed: 2005-03-29

Citation: 899 So. 2d 369, 2005 WL 700953

Snippet: specifically made inapplicable to RRA claims by section 768.735(1), Florida Statutes (2000). The difficulty with

Estate of Despain v. Avante Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-03-24

Citation: 900 So. 2d 637, 2005 WL 672090

Snippet: Statutes, as created by this act, and section 768.735, Florida Statutes, as amended by this act, shall

Algayer v. Health Center of Panama City, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-11-21

Citation: 866 So. 2d 75, 2003 WL 22736428

Snippet: Statutes 400.023(7) and (8) and Florida Statutes 768.735. By agreeing to arbitration of all disputes, both

In Re Standard Jury Instruc.-Civil Cases

Court: Supreme Court of Florida | Date Filed: 2001-07-05

Citation: 797 So. 2d 1199, 2001 WL 746666

Snippet: action arising under chapter 400. See Fla. Stat. s. 768.735 (1999). PD 1 Punitive DamagesBifurcated Procedure