Florida Statute 768.76 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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.

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Amendments to 768.76

Annotations, Discussions, Cases:

Cases Citing Statute 768.76

Total Results: 99

Wells v. Tallahassee Mem. Med. Center

659 So. 2d 249, 1995 WL 355306

Supreme Court of Florida | Filed: Jun 15, 1995 | Docket: 1241146

Cited 102 times | Published

should receive an additional setoff of $17,000. See § 768.76, Fla. Stat. (1991). Wells is entitled to recover

Rollins v. Pizzarelli

761 So. 2d 294, 2000 WL 551032

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 1299957

Cited 90 times | Published

general collateral source statute is now found in section 768.76, Florida Statutes (1999). [3] Because the

Sheffield v. Superior Ins. Co.

800 So. 2d 197, 26 Fla. L. Weekly Supp. 706, 2001 Fla. LEXIS 2138, 2001 WL 1284660

Supreme Court of Florida | Filed: Oct 25, 2001 | Docket: 1683663

Cited 40 times | Published

collateral sources. See Gormley, 587 So.2d at 457; § 768.76, Fla. Stat. (2000).[3] Because the subject of

Cooperative Leasing, Inc. v. Johnson

872 So. 2d 956, 2004 WL 784398

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1357168

Cited 39 times | Published

by the legislature in section 768.76, Florida Statutes (1997). Section 768.76 abrogated the common law

Goble v. Frohman

901 So. 2d 830, 2005 WL 977016

Supreme Court of Florida | Filed: Apr 28, 2005 | Docket: 462551

Cited 21 times | Published

question as one of great public importance: UNDER SECTION 768.76, FLORIDA STATUTES (1999), IS IT APPROPRIATE

Cronin v. Washington National Insurance

980 F.2d 663

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 1993 | Docket: 66279396

Cited 20 times | Published

G. The Issue of Collateral Sources Fla.Stat. § 768.76 requires that a damage award be reduced to account

Gormley v. GTE Products Corp.

587 So. 2d 455, 16 Fla. L. Weekly Supp. 655, 1991 Fla. LEXIS 1749, 1991 WL 201537

Supreme Court of Florida | Filed: Oct 10, 1991 | Docket: 1406079

Cited 20 times | Published

damages. See §§ 627.7372, 768.50, Fla. Stat. (1985); § 768.76, Fla. Stat. (Supp. 1986). We draw the logical

White v. Westlund

624 So. 2d 1148, 1993 WL 349937

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 475758

Cited 16 times | Published

he was entitled to such a setoff pursuant to section 768.76, Florida Statutes (1987). Appellees respond

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

Thomas, 150 So.2d 457 (Fla. 2d DCA 1963). See F.S. 768.76, 1986 supplement, concerning particular collateral

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

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

Supreme Court of Florida | Filed: Oct 15, 2015 | Docket: 2924130

Cited 12 times | Published

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

Norman v. Farrow

880 So. 2d 557, 2004 WL 1403295

Supreme Court of Florida | Filed: Jun 24, 2004 | Docket: 1294808

Cited 12 times | Published

entitled to bring suit. [4] A similar statute is section 768.76(1), Florida Statutes (2003), which addresses

Goble v. Frohman

848 So. 2d 406, 2003 WL 21458282

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 339790

Cited 12 times | Published

court granted Frohman's motion for setoff under section 768.76, Florida Statutes (1999). In pertinent part

McKenna v. Carlson

771 So. 2d 555, 2000 WL 1298764

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 1339221

Cited 12 times | Published

PIP benefits which are "paid or payable") or section 768.76, Florida Statutes, the collateral source rule

Allstate Ins. Co. v. Rudnick

761 So. 2d 289, 25 Fla. L. Weekly Supp. 329, 2000 Fla. LEXIS 825, 2000 WL 551033

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 1300135

Cited 12 times | Published

given to the term "otherwise available" in section 768.76(1), Florida Statutes (1993), the general collateral

Jones v. Martin Electronics, Inc.

932 So. 2d 1100, 31 Fla. L. Weekly Supp. 380, 24 I.E.R. Cas. (BNA) 1306, 2006 Fla. LEXIS 1252, 2006 WL 1641944

Supreme Court of Florida | Filed: Jun 15, 2006 | Docket: 1285778

Cited 9 times | Published

of the injured employee. See § 768.76(1), Fla. Stat. (2005). Section 768.76 of the Florida Statutes states

Jackson v. St. Jude Medical Neuromodulation Division

62 F. Supp. 3d 1343, 2014 U.S. Dist. LEXIS 148932, 2014 WL 5325707

District Court, M.D. Florida | Filed: Oct 20, 2014 | Docket: 64298644

Cited 7 times | Published

recover $22,446.95 in damages under Florida Statute § 768.76’s set off provision because her health insurance

Nationwide Mutual Fire Insurance Co. v. Harrell

53 So. 3d 1084, 2010 Fla. App. LEXIS 19935, 2010 WL 5540947

District Court of Appeal of Florida | Filed: Dec 21, 2010 | Docket: 2406404

Cited 7 times | Published

has been superseded by legislative action. See § 768.76(1), Fla. Stat. (2007); Sheffield v. Superior Ins

Pizzarelli v. Rollins

704 So. 2d 630, 1997 WL 715805

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1355103

Cited 7 times | Published

case, the court was asked to decide whether section 768.76, Florida Statutes (1987), the general statute

Magsipoc v. Larsen

639 So. 2d 1038, 1994 WL 324429

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 1819324

Cited 7 times | Published

impression in this state, is whether or not section 768.76 (part of the 1986 Tort Reform Act) is applicable

City of Miami Beach v. Carner

579 So. 2d 248, 1991 WL 68575

District Court of Appeal of Florida | Filed: Apr 30, 1991 | Docket: 1728806

Cited 7 times | Published

the possibility of subrogation as set out in section 768.76, Florida Statutes (1989), dealing with use

Schonau v. GEICO General Ins. Co.

903 So. 2d 285, 2005 WL 1335125

District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 592620

Cited 5 times | Published

1038, 1041-42 (Fla. 5th DCA 1994) (addressing section 768.76, Florida Statutes [collateral sources], recognizing

Caruso v. Baumle

880 So. 2d 540, 2004 WL 1403170

Supreme Court of Florida | Filed: Jun 24, 2004 | Docket: 1294854

Cited 5 times | Published

collateral sources available to the plaintiff. Section 768.76(1), Florida Statutes (2001), entitled "Collateral

Parker v. Hoppock

695 So. 2d 424, 1997 WL 269063

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 2574228

Cited 5 times | Published

payments, or other similar benefits." See, e.g., § 768.76(2)(a)1, Fla. Stat. (1995). Here, there was a stipulation

Kirkland v. Allstate Ins. Co.

655 So. 2d 106, 1995 WL 16814

District Court of Appeal of Florida | Filed: Jan 19, 1995 | Docket: 1326950

Cited 5 times | Published

granted Allstate's post-trial motion pursuant to section 768.76, Florida Statutes (1993), and reduced the damage

Swamy v. Hodges

583 So. 2d 1095

District Court of Appeal of Florida | Filed: Jul 29, 1991 | Docket: 1684131

Cited 5 times | Published

section has been amended and transferred to *1097 section 768.76, Florida Statutes (1986), the pertinent statutory

Herbert Shessel, Madlyne Shessel, His Wife v. Joseph H. Murphy, Jr., as Personal Representative of the Estate of Mary Calhoun, Deceased

920 F.2d 784, 1991 U.S. App. LEXIS 76, 1991 WL 10

Court of Appeals for the Eleventh Circuit | Filed: Jan 7, 1991 | Docket: 1000117

Cited 5 times | Published

legislature passed the following law: Florida Statute 768.76 Collateral Sources of Indemnity — Subsection

Domino's Pizza v. Wiederhold

248 So. 3d 212

District Court of Appeal of Florida | Filed: May 7, 2018 | Docket: 6773033

Cited 4 times | Published

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

Allstate Ins. Co. v. Scott

773 So. 2d 1290, 2001 Fla. App. LEXIS 64, 2001 WL 9836

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 2540329

Cited 4 times | Published

the damage award contained in the verdict. See § 768.76(1), Fla.Stat. Scott's contention that Allstate

National Union Fire Ins. Co. v. Blackmon

754 So. 2d 840, 2000 WL 354199

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 1523478

Cited 4 times | Published

relating to future damages, ... pursuant to section 768.76(1), Fla. Stat. (1997)." King v. Burch, 724

CONNECTICUT GEN. LIFE INS. v. Dyess

569 So. 2d 1293, 1990 WL 150213

District Court of Appeal of Florida | Filed: Oct 11, 1990 | Docket: 1660651

Cited 4 times | Published

July 1, 1986[3] would require the same result. Section 768.76(1) would permit the injured party to receive

American Mut. Ins. Co. v. Decker

518 So. 2d 315, 1987 WL 2108

District Court of Appeal of Florida | Filed: Dec 4, 1987 | Docket: 1778704

Cited 4 times | Published

§ 68, Laws of Florida, and replaced it with section 768.76(4), which provides: A provider of collateral

Citizens Property Insurance Corp. v. Ashe

50 So. 3d 645, 2010 Fla. App. LEXIS 17891, 2010 WL 4628915

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60297329

Cited 3 times | Published

repealed in 1993 and partially incorporated in section 768.76. Ch. 93-245, §§ 1, 3, Laws of Fla. . I also

Citizens Property Insurance Corp. v. Hamilton

43 So. 3d 746, 2010 Fla. App. LEXIS 9885, 2010 WL 2671808

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 60295468

Cited 3 times | Published

injury protection benefits are paid or payable”); § 768.76(1), Fla. Stat. (2009) (providing for reduction

DESPOINTES v. Florida Power Corporation

2 So. 3d 360, 2008 Fla. App. LEXIS 18851, 2008 WL 5234177

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 1644023

Cited 3 times | Published

the issue of collateral source payments under section 768.76(1), Florida Statutes (2007).[2] We reverse

Thyssenkrupp Elevator Corp. v. Lasky

868 So. 2d 547, 2004 Fla. App. LEXIS 3331, 2003 WL 23095393

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 451925

Cited 3 times | Published

reduced upon acceptance of payment from Medicare. Section 768.76(1) provides: "In any action to which this part

Garcia v. Arraga

872 So. 2d 266, 2004 WL 384187

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1706686

Cited 3 times | Published

support of the appeal, the appellant cites Section 768.76(1) of the Florida Statutes, which the appellant

Allstate Ins. Co. v. Rudnick

706 So. 2d 389, 1998 Fla. App. LEXIS 1385, 1998 WL 63836

District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 1682440

Cited 3 times | Published

paid or payable. (Emphasis supplied). Finally, section 768.76(1), pertaining to collateral sources of indemnity

Olson v. N. Cole Const., Inc.

681 So. 2d 799, 1996 WL 562400

District Court of Appeal of Florida | Filed: Oct 4, 1996 | Docket: 1722237

Cited 3 times | Published

economic damages for which Hughes/Cole is liable. § 768.76(2)(a)2., Fla. Stat. (Supp.1988); see Wells, 659

Sutton v. Ashcraft

671 So. 2d 301, 1996 WL 170188

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1672043

Cited 3 times | Published

calculation was correct. Three subsections of § 768.76 are arguably relevant to this issue: 768.76 Collateral

Measom v. Rainbow Connection Preschool, Inc.

568 So. 2d 123, 1990 Fla. App. LEXIS 8026, 1990 WL 155515

District Court of Appeal of Florida | Filed: Oct 18, 1990 | Docket: 1526622

Cited 3 times | Published

awards by 70%. Measom appeals claiming that Section 768.76, Florida Statutes (1989) does not authorize

Pensacola Jr. College v. Montgomery

539 So. 2d 1153, 1989 WL 15906

District Court of Appeal of Florida | Filed: Feb 28, 1989 | Docket: 93849

Cited 3 times | Published

A. 52-53]. [3] We also agree with PJC that section 768.76, the collateral source rule, does not apply

Humana Medical Plan, Inc. v. Western Heritage Insurance Company

880 F.3d 1284

Court of Appeals for the Eleventh Circuit | Filed: Jan 25, 2018 | Docket: 6283219

Cited 2 times | Published

provision in the contract. See, e.g., Fla. Stat. § 768.76(4) (“A provider of collateral sources that has

Rasinski v. McCoy

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

District Court of Appeal of Florida | Filed: Aug 4, 2017 | Docket: 6136498

Cited 2 times | Published

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

Humana Medical Plan, Inc. v. Valdez Ex Rel. Estate of Valdez

25 F. Supp. 2d 1347, 1998 U.S. Dist. LEXIS 20899, 1997 WL 1049556

District Court, M.D. Florida | Filed: Mar 6, 1998 | Docket: 2196230

Cited 2 times | Published

coverage.[1] Prior to settlement and pursuant to Section 768.76, Florida Statutes, Defendant, via its counsel

Horton v. Channing

698 So. 2d 865, 1997 WL 394892

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1524329

Cited 2 times | Published

collateral source reduction for these amounts under section 768.76, Florida Statutes. See Sutton v. Ashcraft,

Travelers v. Boyles

679 So. 2d 1188, 1996 Fla. App. LEXIS 6892, 1996 WL 366407

District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 1665966

Cited 2 times | Published

Travelers is not entitled to reimbursement is section 768.76(4), Florida Statutes (1993), which provides

Bruner v. Caterpillar, Inc.

627 So. 2d 46, 1993 WL 468519

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 1553804

Cited 2 times | Published

denial of a collateral source offset under section 768.76, Florida Statutes. We find this issue to be

Woudhuizen v. Smith

241 So. 3d 216

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300763

Cited 1 times | Published

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

Guenther v. Novartis Pharmaceutical Corp.

990 F. Supp. 2d 1299, 2014 WL 657919, 2014 U.S. Dist. LEXIS 21182

District Court, M.D. Florida | Filed: Feb 20, 2014 | Docket: 65996625

Cited 1 times | Published

remainder of the verdict. There was no waiver. Florida Statute 768.76, titled “Collateral Sources of Indemnity

Nationwide Mutual Fire Insurance Co. v. Darragh

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

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60311333

Cited 1 times | Published

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

INGENIX v. Ham

35 So. 3d 949, 2010 Fla. App. LEXIS 6150, 2010 WL 1780012

District Court of Appeal of Florida | Filed: May 5, 2010 | Docket: 2530645

Cited 1 times | Published

set out in section 768.76(4), Florida Statutes (2008). We must decide whether section 768.76(4) applies

Bravo v. United States

403 F. Supp. 2d 1182, 2005 WL 3620200, 2005 U.S. Dist. LEXIS 30818

District Court, S.D. Florida | Filed: Nov 30, 2005 | Docket: 2358419

Cited 1 times | Published

Rudnick, 761 So.2d 289 (Fla.2000)(interpreting § 768.76, Fla. Stat.) [14] Florida law provides that loss

Wendell v. UNITED SERVICES AUTO.

881 So. 2d 1178, 2004 Fla. App. LEXIS 12614, 2004 WL 1905899

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1465590

Cited 1 times | Published

setoffs are governed by section 627.736(3), not section 768.76(1), Florida Statutes (2002), effectively overruling

Osler v. Collins

870 So. 2d 65, 2003 WL 22681144

District Court of Appeal of Florida | Filed: Nov 14, 2003 | Docket: 1698081

Cited 1 times | Published

a collateral source provider as defined in section 768.76(2)(a), Florida Statutes (2000). See also Olson

Hughes v. Enterprise Leasing Co.

831 So. 2d 1240, 2002 Fla. App. LEXIS 18194, 2002 WL 31769189

District Court of Appeal of Florida | Filed: Dec 12, 2002 | Docket: 64819381

Cited 1 times | Published

not be considered by the appellate court). Section 768.76(1), Florida Statutes (2000), requires the trial

Terri Van Winkle, PA v. Johnston

813 So. 2d 1065, 2002 Fla. App. LEXIS 5130, 2002 WL 649067

District Court of Appeal of Florida | Filed: Apr 22, 2002 | Docket: 1725779

Cited 1 times | Published

argument that the setoff is required under section 768.76(1), Florida Statutes (1995). Without addressing

Budget Rent-A-Car Systems, Inc. v. Castellano

764 So. 2d 889, 2000 Fla. App. LEXIS 10122, 2000 WL 1140438

District Court of Appeal of Florida | Filed: Aug 9, 2000 | Docket: 64799501

Cited 1 times | Published

injured claimant from all collateral sources. § 768.76, Fla. Stat. (1997)3; Blue Cross and Blue Shield

Peterson v. MORTON F. PLANT HOSP.

656 So. 2d 501, 1995 WL 232661

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 1283571

Cited 1 times | Published

may have shifted to the jury a function that section 768.76, Florida Statutes (1991), allocates to the

State Farm Mutual Automobile Insurance Co. v. Egan

626 So. 2d 1076, 1993 Fla. App. LEXIS 11557, 1993 WL 469318

District Court of Appeal of Florida | Filed: Nov 16, 1993 | Docket: 64744077

Cited 1 times | Published

Matthews, 498 So.2d 421 (Fla.1986). Similarly, section 768.76(2)(a)4, Florida Statutes (1989), defines collateral

Buchman v. McDonald

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71275651

Published

the court cited without further elaboration section 768.76, Florida Statutes (2024), Woudhuizen v. Smith

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

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369929

Published

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

Alberta S. Ellison v. Randy Willoughby

Supreme Court of Florida | Filed: Nov 2, 2023 | Docket: 67938299

Published

collateral source within the meaning of section 768.76? Ellison, 326 So. 3d at 224. The court answered

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

District Court of Appeal of Florida | Filed: May 19, 2023 | Docket: 68034578

Published

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

Elaine Dial v. Calusa Palms Master Association, Inc.

Supreme Court of Florida | Filed: Apr 28, 2022 | Docket: 63270164

Published

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

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

District Court of Appeal of Florida | Filed: May 19, 2021 | Docket: 59918002

Published

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

Joyce D. Higgs v. Costa Crociere S.P.A. Company

Court of Appeals for the Eleventh Circuit | Filed: Aug 14, 2020 | Docket: 17444802

Published

Fla. Jan. 24, 2006) (noting that “Fla. Stat. § 768.76 . . . abrogates the common law collateral source

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Jun 10, 2020 | Docket: 17240828

Published

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

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Jun 10, 2020 | Docket: 17237160

Published

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

Harris v. R.J. Reynolds Tobacco Co.

383 F. Supp. 3d 1315

District Court, M.D. Florida | Filed: Apr 15, 2019 | Docket: 64324705

Published

which a subrogation or reimbursement right exists. § 768.76(1), Fla. Stat. In short, the collateral source

Humana Medical Plan, Inc. v. Reale

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

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017397

Published

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

Humana Medical Plan, Inc. v. Reale

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3019335

Published

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

Yeinson Torres Hurtado and Viviana Hurtado Escobar v. Nigel Desouza

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

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2679390

Published

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

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609432

Published

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

Smith v. Geico Casualty Co.

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

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236860

Published

of 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

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

District Court of Appeal of Florida | Filed: Jun 21, 2013 | Docket: 60254354

Published

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

Forest v. Sutherland

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

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230336

Published

is receiving as a result of her or his injury. § 768.76(1), Fla. Stat. (1999). When an award of damages

State Farm Mutual Automobile Insurance v. Swindoll

89 So. 3d 246, 2011 Fla. App. LEXIS 19893, 2011 WL 6183513

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60308733

Published

which the general collateral source statute [section 768.76(1) of the Florida Statutes] is applicable.”

Russo v. Lorenzo

67 So. 3d 1165, 2011 Fla. App. LEXIS 12477, 2011 WL 3476922

District Court of Appeal of Florida | Filed: Aug 10, 2011 | Docket: 60301941

Published

receipt of the City benefit before the jury. Section 768.76, Florida Statutes (2009), requires that the

Coleman v. Blue Cross & Blue Shield of Alabama, Inc.

53 So. 3d 1052, 2010 Fla. App. LEXIS 18623, 2010 WL 4967473

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297979

Published

procedural notice requirements. Specifically, section 768.76(2)(a) defines “collateral sources” as: ...

Packaging Corp. of America v. DeRycke

49 So. 3d 286, 2010 Fla. App. LEXIS 15601, 2010 WL 4025074

District Court of Appeal of Florida | Filed: Oct 15, 2010 | Docket: 60296714

Published

stemming from the premature sale of the stock. See § 768.76, Fla. Stat. (2009) (providing for reduction in

USAA Casualty Insurance Co. v. McDermott

929 So. 2d 1114, 2006 Fla. App. LEXIS 7873, 2006 WL 1359640

District Court of Appeal of Florida | Filed: May 19, 2006 | Docket: 64844797

Published

2000). The court reached a similar result under section 768.76(1), Florida Statutes (1993), for future payments

In re Standard Jury Instructions in Civil Cases (05-03)

922 So. 2d 979, 31 Fla. L. Weekly Supp. 136, 2006 Fla. LEXIS 271, 2006 WL 408380

Supreme Court of Florida | Filed: Feb 23, 2006 | Docket: 64842774

Published

be made by the court, not the jury, pursuant to § 768.76, F.S. (1986 Supp.), and 6.13a.” The new subsection

State Farm Mutual Automobile Ins. Co. v. Gulledge

850 So. 2d 631, 2003 Fla. App. LEXIS 11112, 2003 WL 21704435

District Court of Appeal of Florida | Filed: Jul 24, 2003 | Docket: 64824125

Published

WOLF, C.J., ERVIN and BENTON, JJ., concur. . Section 768.76(2)(a)(l), Florida Statutes (1997) provides

Murphy v. Centlivre

850 So. 2d 600, 2003 Fla. App. LEXIS 10219, 2003 WL 21536983

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64824106

Published

of intent to claim damages pursuant *601to section 768.76(6), Florida Statutes, upon health providers

Tieu Quoc Tran v. Fragnoli

834 So. 2d 939, 2003 Fla. App. LEXIS 435, 2003 WL 141278

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 64820007

Published

seeking equitable distribution pursuant to section 768.76, Florida Statutes (1999). The court denied

Caruso v. Baumle

835 So. 2d 276, 2002 WL 31322438

District Court of Appeal of Florida | Filed: Jan 3, 2003 | Docket: 1754904

Published

from any collateral source. (emphasis added) Section 768.76(1), Florida Statutes (2001) provides: (1) In

Centex-Rodgers Construction Co. v. Herrera

816 So. 2d 1206, 2002 Fla. App. LEXIS 6922, 2002 WL 1021380

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 64815355

Published

Ashcraft, 671 So.2d 301 (Fla. 5th DCA 1996). 3. Section 768.76 of the Florida Statutes does not imbue a wrongful

Centex-Rodgers Construction Co. v. Herrera

761 So. 2d 1215, 2000 Fla. App. LEXIS 8024, 2000 WL 826960

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 64798520

Published

reduced the award, however, by a setoff under section 768.76(1) for sums paid under an insurance policy

Budget Rent-A-Car Systems, Inc. v. Castellano

737 So. 2d 574, 1999 Fla. App. LEXIS 8346, 1999 WL 415188

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64789441

Published

injured claimant from all collateral sources. § 768.76, Fla. Stat. (1997)3; Blue Cross and Blue Shield

Hill v. Burch

724 So. 2d 1237, 1999 Fla. App. LEXIS 468, 1999 WL 22584

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64785848

Published

future damages, was properly made pursuant to section 768.76(1), Fla. Stat. The appellant obtained a jury

Matiyosus v. Keaten

717 So. 2d 1097, 1998 Fla. App. LEXIS 11817, 1998 WL 636795

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 64782907

Published

v. Ford, 157 So.2d 427 (Fla. 2d DCA 1963). See § 768.76 F.S. (1986 Supp.), concerning particular collateral

Provident Life & Accident Insurance v. Lewis

709 So. 2d 587, 1998 Fla. App. LEXIS 3177, 1998 WL 145010

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64780226

Published

filed a motion for reimbursement, pursuant to section 768.76, Florida Statutes (1987) (amended 1993), contending

Barberena v. Gonzalez

706 So. 2d 60, 1998 Fla. App. LEXIS 591, 1998 WL 27307

District Court of Appeal of Florida | Filed: Jan 28, 1998 | Docket: 64779026

Published

injury protection benefits paid, pursuant to section 768.76, Florida Statutes (1993). After a hearing on

Standard Jury Instructions—Civil Cases, 6.13 — Collateral Source Rule

700 So. 2d 377, 22 Fla. L. Weekly Supp. 642, 1997 Fla. LEXIS 1533, 1997 WL 637662

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 64776158

Published

v. Ford, 157 So.2d 427 (Fla. 2d DCA 1963). See § 768.76, F.S. (1986 Supp.), concerning particular collateral

Cohen v. Richter

667 So. 2d 899, 1996 Fla. App. LEXIS 871, 1996 WL 46886

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762202

Published

receive an additional set-off of $17,000. See § 768.76, Fla.Stat. *901(1991). Wells is entitled to recover

Godales v. Y.H. Investments Inc.

667 So. 2d 871, 1996 Fla. App. LEXIS 559, 1996 WL 34065

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 64762197

Published

cannot be reduced by the amount of these proceeds. § 768.76(1) Fla.Stat. (1993); Calloway v. Dania Jai Alai

State Board of Regents v. Larson

664 So. 2d 317, 1995 Fla. App. LEXIS 12663, 1995 WL 723542

District Court of Appeal of Florida | Filed: Dec 8, 1995 | Docket: 64760629

Published

appellant’s motion for offset. Pursuant to section 768.76, Florida Statutes, the trial court must hold

Dempsey ex rel. Dempsey v. United States

32 F.3d 1490

Court of Appeals for the Eleventh Circuit | Filed: Sep 8, 1994 | Docket: 64018210

Published

Florida’s collateral source rule, Fla.Stat.Ann. § 768.76 (West Supp.1994), we leave review of that issue

In re Standard Jury Instructions Civil Cases

522 So. 2d 364, 13 Fla. L. Weekly 221, 1988 Fla. LEXIS 382, 1988 WL 23437

Supreme Court of Florida | Filed: Mar 17, 1988 | Docket: 64633643

Published

Proposed SJI 6.13a implements the provisions of Section 768.76, Florida Statutes (1986 Supp.). Proposed SJI

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.