US Lawyer Database

768.73 – Punitive damages; limitation.

768.73 Punitive damages; limitation.— (1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of: 1. Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or 2. The sum of $500,000. (b) Where the fact finder determines that the […]

768.733 – Bonds in class actions; limitations.

768.733 Bonds in class actions; limitations.— (1) In any civil action that is brought as a certified class action, the trial court, upon the posting of a bond or equivalent surety as provided in this section, shall stay the execution of any judgment, or portion thereof, entered on account of punitive damages pending completion of any appellate […]

768.734 – Capacity to sue.

768.734 Capacity to sue.— (1)(a) In any action asserting the right to class action status, the claimant class having capacity to sue shall be limited to residents of this state at the time of the alleged misconduct, except as provided in paragraph (b). (b)1. Before issuing a class certification order, the court hearing an action asserting the right […]

768.735 – Punitive damages; exceptions; limitation.

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. […]

768.295 – Strategic Lawsuits Against Public Participation (SLAPP) prohibited.

768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited.— (1) It is the intent of the Legislature to protect the right in Florida to exercise the rights of free speech in connection with public issues, and the rights to peacefully assemble, instruct representatives, and petition for redress of grievances before the various governmental entities of this state as […]

768.31 – Contribution among tortfeasors.

768.31 Contribution among tortfeasors.— (1) SHORT TITLE.—This act shall be cited as the “Uniform Contribution Among Tortfeasors Act.” (2) RIGHT TO CONTRIBUTION.— (a) Except as otherwise provided in this act, when two or more persons become jointly or severally liable in tort for the same injury to person or property, or for the same wrongful death, there is a […]

768.35 – Continuing domestic violence.

768.35 Continuing domestic violence.— (1) A victim of domestic violence, as defined in s. 741.28, who has suffered repeated physical or psychological injuries over an extended period of time, as a result of continuing domestic violence, has a cause of action against the perpetrator responsible for the violence. (2) The action may be brought in any court of […]

768.36 – Alcohol or drug defense.

768.36 Alcohol or drug defense.— (1) As used in this section, the term: (a) “Alcoholic beverage” means distilled spirits and any beverage that contains 0.5 percent or more alcohol by volume as determined in accordance with s. 561.01(4)(b). (b) “Drug” means any chemical substance set forth in s. 877.111 or any substance controlled under chapter 893. The term does […]

768.37 – Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.

768.37 Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.—No manufacturer, distributor, or seller of foods or nonalcoholic beverages intended for human consumption shall be subject to civil liability for personal injury or wrongful death to the extent such liability is premised upon a person’s weight gain or obesity, or a health […]

768.38 – Liability protections for COVID-19-related claims.

768.38 Liability protections for COVID-19-related claims.— (1) The Legislature finds that the COVID-19 outbreak in this state threatens the continued viability of certain business entities, educational institutions, governmental entities, and religious institutions that contribute to the overall well-being of this state. The threat of unknown and potentially unbounded liability to such businesses, entities, and institutions, in the […]