Florida Statute 768.76 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.76

768.76 Collateral sources of indemnity.—

(1) In any action to which this part applies in which liability is admitted or is determined by the trier of fact and in which damages are awarded to compensate the claimant for losses sustained, the court shall reduce the amount of such award by the total of all amounts which have been paid for the benefit of the claimant, or which are otherwise available to the claimant, from all collateral sources; however, there shall be no reduction for collateral sources for which a subrogation or reimbursement right exists. Such reduction shall be offset to the extent of any amount which has been paid, contributed, or forfeited by, or on behalf of, the claimant or members of the claimant’s immediate family to secure her or his right to any collateral source benefit which the claimant is receiving as a result of her or his injury.

(2) For purposes of this section:

(a) “Collateral sources” means any payments made to the claimant, or made on the claimant’s behalf, by or pursuant to:

1. The United States Social Security Act, except Title XVIII and Title XIX; any federal, state, or local income disability act; or any other public programs providing medical expenses, disability payments, or other similar benefits, except those prohibited by federal law and those expressly excluded by law as collateral sources.

2. Any health, sickness, or income disability insurance; automobile accident insurance that provides health benefits or income disability coverage; and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by her or him or provided by others.

3. Any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services.

4. Any contractual or voluntary wage continuation plan provided by employers or by any other system intended to provide wages during a period of disability.

(b) Notwithstanding any other provision of this section, benefits received under Medicare, or any other federal program providing for a Federal Government lien on or right of reimbursement from the plaintiff’s recovery, the Workers’ Compensation Law, the Medicaid program of Title XIX of the Social Security Act or from any medical services program administered by the Department of Health shall not be considered a collateral source.

(3) In the event that the fees for legal services provided to the claimant are based on a percentage of the amount of money awarded to the claimant, such percentage shall be based on the net amount of the award as reduced by the amounts of collateral sources and as increased by insurance premiums paid.

(4) A provider of collateral sources that has a right of subrogation or reimbursement that has complied with this section shall have a right of reimbursement from a claimant to whom it has provided collateral sources if such claimant has recovered all or part of such collateral sources from a tortfeasor. Such provider’s right of reimbursement shall be limited to the actual amount of collateral sources recovered by the claimant from a tortfeasor, minus its pro rata share of costs and attorney’s fees incurred by the claimant in recovering such collateral sources from the tortfeasor. In determining the provider’s pro rata share of those costs and attorney’s fees, the provider shall have deducted from its recovery a percentage amount equal to the percentage of the judgment or settlement which is for costs and attorney’s fees.

(5) Any disputes between the claimant and the provider as to the actual amount of collateral sources recovered by the claimant from a tortfeasor shall be subject to determination by a court of competent jurisdiction. In determining the actual amount of collateral sources recovered, the court shall give consideration to any offset in the amount of settlement or judgment for any comparative negligence of the claimant, limitations in the amount of liability insurance coverage available to the tortfeasor, or any other mitigating factors which the court deems equitable and appropriate under the circumstances.

(6) A claimant shall send the provider of any collateral sources, by certified or registered mail, notification of claimant’s intent to claim damages from the tortfeasor. If the claimant has filed suit against the tortfeasor at the time such notice is sent, a copy of the complaint against the tortfeasor should be sent along with such notice. Such notice must include a statement that the provider of collateral sources will waive any right to subrogation or reimbursement unless it provides the claimant or claimant’s attorney a statement asserting payment of benefits and right of subrogation or reimbursement within 30 days following receipt of the claimant’s notification to the collateral sources provider.

(7) Within 30 days after receipt of the claimant’s notification of intent to claim damages from the tortfeasor, the provider of collateral sources must provide the claimant or claimant’s attorney a statement asserting its payment of collateral sources benefits and right of subrogation or reimbursement. Failure of the provider of collateral sources to provide such statement to the claimant or claimant’s attorney within the 30-day period shall result in waiver of any claim to subrogation or reimbursement by the provider with respect to any such collateral sources. No right of subrogation or reimbursement shall exist for a provider of collateral sources that has waived its right of subrogation or reimbursement pursuant to this subsection.

(8) Reimbursement of a collateral sources provider pursuant to this section shall satisfy such collateral sources provider’s right of subrogation or reimbursement. The provider shall have no right of subrogation or reimbursement for collateral sources payments made after the date of waiver, settlement, or judgment.

(9) A collateral source provider claiming a right of subrogation or reimbursement under this section shall cooperate with the claimant by producing such information as is reasonably necessary for the claimant to prove the nature and extent of the value of the collateral sources provided. The failure of the collateral source provider to cooperate may be taken into account by the court in determining the right to or the amount of the reimbursement asserted.

History.—s. 55, ch. 86-160; s. 1, ch. 93-245; s. 1173, ch. 97-102; s. 290, ch. 99-8.

F.S. 768.76 on Google Scholar

F.S. 768.76 on Casetext

Amendments to 768.76

Arrestable Offenses / Crimes under Fla. Stat. 768.76

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.76.

Annotations, Discussions, Cases:

Cases Citing Statute 768.76

Total Results: 20

United Cab of Broward, LLC and Ernsault Maurice v. Nathalia Muller

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: 52 Medicaid discount setoff, pursuant to section 768.76, Florida Statutes (2022). The plaintiff opposed

Alberta S. Ellison v. Randy Willoughby

Court: Supreme Court of Florida | Date Filed: 2023-11-02

Snippet: setoff laws are at issue, sections 768.041(2) and 768.76(1), Florida Statutes (2012). 2 The 1. We

YELLOW CAB OF JACKSONVILLE GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY, NORTHERN FLORIDA TRANSPORTATION GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ET AL. vs SHAUN LUTCHMAN

Court: District Court of Appeal of Florida | Date Filed: 2023-05-19

Snippet: a subrogation or reimbursement right exists.” § 768.76(1), Fla. Stat. (2023); Blue Cross & Blue Shield

MAROONE CHEVROLET, LLC d/b/a MAROONE CHEVROLET v. GERMAN ALVARADO

Court: District Court of Appeal of Florida | Date Filed: 2022-07-06

Snippet: the Second Truck, awarding Alvarado $6,768.76; (2) willfully violated section 520.08 by

Elaine Dial v. Calusa Palms Master Association, Inc.

Court: Supreme Court of Florida | Date Filed: 2022-04-28

Snippet: an award of compensatory damages under [section 768.76, Florida Statutes (1999)].” 901 So. 2d at 833

GULFSTREAM PARK RACING ASSOCIATION, INC. d/b/a GULFSTREAM PARK RACING AND CASINO v. MARGARET VOLIN

Court: District Court of Appeal of Florida | Date Filed: 2021-05-19

Snippet: 86-160, Laws of Fla. The Act—codified at section 768.76, Florida Statutes—requires a court to setoff certain

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2020-06-10

Snippet: amounts. See Adams, 65 So. 3d at 1188. Section 768.76(1), Florida Statutes (2017), provides another avenue

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2020-06-10

Snippet: amounts. See Adams, 65 So. 3d at 1188. Section 768.76(1), Florida Statutes (2017), provides another avenue

Domino's Pizza v. Wiederhold

Court: District Court of Appeal of Florida | Date Filed: 2018-05-07

Citation: 248 So. 3d 212

Snippet: when subrogation or reimbursement right exists. § 768.76(1), Fla. Stat. (2012); Sutton v. Ashcraft, 671

Woudhuizen v. Smith

Court: District Court of Appeal of Florida | Date Filed: 2018-01-29

Citation: 241 So. 3d 216

Snippet: collateral source payments pursuant to section 768.76, Florida Statutes (2010), and to reduce the jury

Rasinski v. McCoy

Court: District Court of Appeal of Florida | Date Filed: 2017-08-04

Citation: 227 So. 3d 201, 2017 Fla. App. LEXIS 11273, 2017 WL 3318712

Snippet: 163 So.3d 565, 568 (Fla. 4th DCA 2015).. Section 768.76, Florida Statutes (2013), provides, in pertinent

Humana Medical Plan, Inc. v. Reale

Court: District Court of Appeal of Florida | Date Filed: 2015-12-02

Snippet: collateral sources of indemnity statute, section 768.76, Florida Statutes (2012). Because we find that

Humana Medical Plan, Inc. v. Reale

Court: District Court of Appeal of Florida | Date Filed: 2015-12-02

Citation: 180 So. 3d 195, 2015 Fla. App. LEXIS 17999, 2015 WL 7740380

Snippet: collateral sources of indemnity statute, section 768.76, Florida Statutes (2012). Because we find that

John Joerg, Jr., etc. v. State Farm Mutual Automobile Insurance Co.

Court: Supreme Court of Florida | Date Filed: 2015-10-15

Citation: 176 So. 3d 1247, 40 Fla. L. Weekly Supp. 553, 2015 Fla. LEXIS 2298, 2015 WL 5995754

Snippet: the claimant, from all collateral sources....” § 768.76(1), Fla. Stat. (2014). This statutory modification

Yeinson Torres Hurtado and Viviana Hurtado Escobar v. Nigel Desouza

Court: District Court of Appeal of Florida | Date Filed: 2015-04-15

Citation: 166 So. 3d 831, 2015 Fla. App. LEXIS 5510

Snippet: collateral source subject to a set-off under section 768.76, Florida Statutes. We have de novo review

Yeinson Torres Hurtado and Viviana Hurtado Escobar v. Nigel Desouza

Court: District Court of Appeal of Florida | Date Filed: 2014-11-26

Snippet: collateral source subject to a set-off under section 768.76, Florida Statutes. We have de novo review. GTC

Smith v. Geico Casualty Co.

Court: District Court of Appeal of Florida | Date Filed: 2013-11-27

Citation: 127 So. 3d 808, 2013 WL 6212032, 2013 Fla. App. LEXIS 18895

Snippet: the rule related to damages by enacting section 768.76, Florida Statutes. By this provision, the payments

State Farm Mutual Automobile Insurance Co. v. Joerg

Court: District Court of Appeal of Florida | Date Filed: 2013-06-21

Citation: 188 So. 3d 852, 2013 WL 3107207, 2013 Fla. App. LEXIS 9840

Snippet: noted that the then-existing predecessor to section 768.76, Florida Statutes (2007), section 768.50, Florida

Forest v. Sutherland

Court: District Court of Appeal of Florida | Date Filed: 2013-04-03

Citation: 110 So. 3d 525, 2013 WL 1316123, 2013 Fla. App. LEXIS 5347

Snippet: to vacate, and this appeal followed. *526Section 768.76(1) provides that any collateral source reduction

Nationwide Mutual Fire Insurance Co. v. Darragh

Court: District Court of Appeal of Florida | Date Filed: 2012-06-08

Citation: 95 So. 3d 897, 2012 WL 2051075, 2012 Fla. App. LEXIS 9201

Snippet: Dar-ragh’s past medical bills pursuant to section 768.76, Florida Statutes (2009) and Goble v. Frohman,