(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 competent jurisdiction to recover compensatory and punitive damages against the perpetrator causing the continued domestic violence. No plaintiff however, may recover twice for the same incident which gives rise to the cause of action.
(3) Actions for recovery under this section must be commenced within 4 years. The time within which an action for recovery under this section must be begun runs from the time the last incident of domestic violence occurs.
(4) Notwithstanding any other provision of law, punitive damages awarded in any civil tort action involving domestic violence as defined in s. 741.28 shall not be governed by the provisions of s. 768.73. The state hereby waives its right to collect any punitive damages from any victim of domestic violence not collected as of the effective date of this act.
History.—s. 9, ch. 95-182; s. 37, ch. 95-184.
Structure Florida Statutes
Part I - General Provisions (Ss. 768.041-768.39)
768.041 - Release or covenant not to sue.
768.0415 - Liability for injury to parent.
768.043 - Remittitur and additur actions arising out of operation of motor vehicles.
768.07 - Railroad liability for injury to employees.
768.0705 - Limitation on premises liability.
768.075 - Immunity from liability for injury to trespassers on real property.
768.0755 - Premises liability for transitory foreign substances in a business establishment.
768.0895 - Limitation of liability for employers of persons with disabilities.
768.091 - Employer liability limits; ridesharing.
768.092 - Special mobile equipment; liability of lessors.
768.093 - Owner liability limits; powered shopping carts.
768.096 - Employer presumption against negligent hiring.
768.098 - Limitation of liability for employee leasing.
768.10 - Pits and holes not to be left open.
768.11 - Pits and holes; measure of damages.
768.12 - Motor vehicle colliding with any animal at large on a public highway.
768.125 - Liability for injury or damage resulting from intoxication.
768.1256 - Government rules defense.
768.1257 - State-of-the-art defense for products liability.
768.13 - Good Samaritan Act; immunity from civil liability.
768.1315 - Good Samaritan Volunteer Firefighters’ Assistance Act; immunity from civil liability.
768.1325 - Cardiac Arrest Survival Act; immunity from civil liability.
768.1326 - Placement of automated external defibrillators in state buildings; rulemaking authority.
768.1335 - Emergency Medical Dispatch Act; presumption.
768.1345 - Professional malpractice; immunity.
768.135 - Volunteer team physicians; immunity.
768.1355 - Florida Volunteer Protection Act.
768.136 - Liability for canned or perishable food distributed free of charge.
768.137 - Definition; limitation of civil liability for certain farmers; exception.
768.138 - Interruption of electric utility service by order of law enforcement; immunity.
768.1382 - Streetlights, security lights, and other similar illumination; limitation on liability.
768.14 - Suit by state; waiver of sovereign immunity.
768.23 - Protection of minors and incompetents.
768.24 - Death of a survivor before judgment.
768.25 - Court approval of settlements.
768.295 - Strategic Lawsuits Against Public Participation (SLAPP) prohibited.
768.31 - Contribution among tortfeasors.
768.35 - Continuing domestic violence.
768.36 - Alcohol or drug defense.
768.38 - Liability protections for COVID-19-related claims.
768.381 - COVID-19-related claims against health care providers.
768.382 - Limitation of liability for certain voluntary engineering or architectural services.
768.39 - Immunity for educational institutions for actions related to the COVID-19 pandemic.