Florida Statutes

Fla. Stat. § 768.736 (2025)

Punitive damages; exceptions for intoxication.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2003–2025 · leading case: Matalon v. Lee, 847 So. 2d 1077 (Fla. 4th DCA 2003).

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Matalon v. Lee, 847 So. 2d 1077 (Fla. 4th DCA 2003). · cites it 2× “…damages by "clear and convincing evidence" would not have applied, since intoxication was the basis for such damages. § 768.736, Fla. Stat.”

Zuckerman v. Robinson, 846 So. 2d 1257 (Fla. 4th DCA 2003). · cites it 2× “[4] See § 768.736, Fla. Stat. (2002). [5] See 11 U.”

Swanson v. Robles, 128 So. 3d 915 (Fla. 2d DCA 2013). “Section 768.736 removes the cap on punitive damages if the jury finds that the defendant was impaired by drugs or alcohol.”

Amazulu Transp., Inc., & Peter Stuart Welch, Jr. v. Gary Dinkins (Fla. 6th DCA 2025). · cites it 2× “The Alleged Requirement to Make Affirmative Findings As his second basis for reversal, Welch argues the trial court’s order granting the motion for leave to amend the complaint “failed to make an affirmative finding that 3 This language is consistent with section 768.736,…”

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