Florida Statute 768.736 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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768.736 Punitive damages; exceptions for intoxication.—Sections 768.725 and 768.73 do not apply to any defendant who, at the time of the act or omission for which punitive damages are sought, was under the influence of any alcoholic beverage or drug to the extent that the defendant’s normal faculties were impaired, or who had a blood or breath alcohol level of 0.08 percent or higher.

History.—s. 25, ch. 99-225.

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Amendments to 768.736

Annotations, Discussions, Cases:

Cases Citing Statute 768.736

Total Results: 6

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

maintenance, or use of a motor vehicle." See F.S. 768.736(1) (2003); Lumbermens Mutual Casualty Co. v

Swanson v. Robles

128 So. 3d 915, 2013 WL 6691122, 2013 Fla. App. LEXIS 20109

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60237214

Cited 4 times | Published

$500,000. § 768.73(l)(a), Fla. Stat. (2008). Section 768.736 removes the cap on punitive damages if the

Matalon v. Lee

847 So. 2d 1077, 2003 WL 21346667

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1686703

Cited 3 times | Published

intoxication was the basis for such damages. § 768.736, Fla. Stat.

Zuckerman v. Robinson

846 So. 2d 1257, 2003 WL 21347199

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1709881

Cited 3 times | Published

defendant's present ability to pay them. [4] See § 768.736, Fla. Stat. (2002). [5] See 11 U.S.C. § 523(a)(9)

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

130 So. 3d 596, 2013 WL 2349287

Supreme Court of Florida | Filed: May 30, 2013 | Docket: 60237846

Cited 1 times | Published

under the influence of drugs or alcohol. See F.S. 768.736 (1999). Likewise, these instructions may not

Amazulu Transport, Inc., and Peter Stuart Welch, Jr. v. Gary Dinkins

District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69737438

Published

This language is consistent with section 768.736, Florida Statutes, which establishes exceptions

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.