The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

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.

F.S. 768.735 on Google Scholar

F.S. 768.735 on Casetext

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 from cite.case.law:

BREVARD ACHIEVEMENT CENTER, INC. v. C. CAMP, E. L. F., 254 So. 3d 1135 (Fla. App. Ct. 2018)

. . . . § 768.735(1), Fla. Stat. (2018). . . . See § 768.735, Fla. . . .

GOODIN J. v. BANK OF AMERICA N. A., 114 F. Supp. 3d 1197 (M.D. Fla. 2015)

. . . . § 768.735(1). . For a more fulsome discussion of these cases, see supra Part IV.B. . . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASE- REPORT NO., 130 So. 3d 596 (Fla. 2013)

. . . PUNITIVE DAMAGES NOTE ON USE FOR PUNITIVE DAMAGES CHARGES Effective October 1, 1999, F.S. 768.735 changed . . . See F.S. 768.735 (1999). . . .

PLACE AT VERO BEACH, INC. a v. HANSON,, 953 So. 2d 773 (Fla. Dist. Ct. App. 2007)

. . . damages shall comply with the provisions of Florida Statutes 400.023(7) and (8) and Florida Statutes 768.735 . . .

ESTATE OF WILLIAMS, WILLIAMS, v. TANDEM HEALTH CARE OF FLORIDA, INC., 899 So. 2d 369 (Fla. Dist. Ct. App. 2005)

. . . because the provisions of section 768.72(3) are specifically made inapplicable to RRA claims by section 768.735 . . .

ESTATE OF DESPAIN, v. AVANTE GROUP, INC., 900 So. 2d 637 (Fla. Dist. Ct. App. 2005)

. . . sections 400.0237, 400.0238, 400.4297, 400.4298, Florida Statutes, as created by this act, and section 768.735 . . . We also note that section 768.735, Florida Statutes (1999), enacted as part of the 1999 Tort Reform Act . . . ), 768.725, and 768.73 do not apply in civil actions arising under chapter 400, Florida Statutes. § 768.735 . . . Although section 768.735 is not applicable to the instant action either, we note with interest that even . . . do apply to claims for punitive damages under chapter 400 because they are not excluded -by section 768.735 . . .

B. ALGAYER, W. v. HEALTH CENTER OF PANAMA CITY, INC. d b a St., 866 So. 2d 75 (Fla. Dist. Ct. App. 2003)

. . . damages shall comply with the provisions of Florida Statutes 400.023(7) and (8) and Florida Statutes 768.735 . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES NO., 797 So. 2d 1199 (Fla. 2001)

. . . Stat. s. 768.735 (1999). . . .