Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Chapter 766 - Medical Malpractice and Related Matters
766.101 - Medical Review Committee, Immunity From Liability. - (1) As used in this section: (a) The term “medical...
766.1015 - Civil Immunity for Members of or Consultants to Certain Boards, Committees, or Other Entities. - (1) Each member of, or health care professional consultant to,...
766.1016 - Patient Safety Data Privilege. - (1) As used in this section, the term: (a) “Patient...
766.102 - Medical Negligence; Standards of Recovery; Expert Witness. - (1) In any action for recovery of damages based on...
766.103 - Florida Medical Consent Law. - (1) This section shall be known and cited as the...
766.104 - Medical Negligence Cases; Reasonable Investigation Required Before Filing. - (1) No action shall be filed for personal injury or...
766.105 - Florida Patient’s Compensation Fund. - (1) DEFINITIONS.—The following definitions apply in the interpretation and enforcement...
766.106 - Notice Before Filing Action for Medical Negligence; Presuit Screening Period; Offers for Admission of Liability and for Arbitration; Informal Discovery; Review. - (1) DEFINITIONS.—As used in this section, the term: (a) “Claim...
766.1065 - Authorization for Release of Protected Health Information. - (1) Presuit notice of intent to initiate litigation for medical...
766.108 - Mandatory Mediation and Mandatory Settlement Conference in Medical Negligence Actions. - (1) Within 120 days after the suit is filed, unless...
766.110 - Liability of Health Care Facilities. - (1) All health care facilities, including hospitals and ambulatory surgical...
766.111 - Engaging in Unnecessary Diagnostic Testing; Penalties. - (1) No health care provider licensed pursuant to chapter 458,...
766.1115 - Health Care Providers; Creation of Agency Relationship With Governmental Contractors. - (1) SHORT TITLE.—This section may be cited as the “Access...
766.1116 - Health Care Practitioner; Waiver of License Renewal Fees and Continuing Education Requirements. - (1) As used in this section, the term “health care...
766.112 - Comparative Fault. - (1) Notwithstanding anything in law to the contrary, in an...
766.113 - Settlement Agreements; Prohibition on Restricting Disclosure to Division of Medical Quality Assurance. - (1) Each final settlement agreement relating to medical negligence shall...
766.118 - Determination of Noneconomic Damages. - (1) DEFINITIONS.—As used in this section, the term: (a) “Catastrophic...
766.1185 - Bad Faith Actions. - (1)(a) An insurer shall not be held in bad faith...
766.201 - Legislative Findings and Intent. - (1) The Legislature makes the following findings: (a) Medical malpractice...
766.202 - Definitions; Ss. 766.201-766.212. - (1) “Claimant” means any person who has a cause of...
766.2021 - Limitation on Damages Against Insurers, Prepaid Limited Health Service Organizations, Health Maintenance Organizations, or Prepaid Health Clinics. - History.—s. 59, ch. 2003-416.
766.203 - Presuit Investigation of Medical Negligence Claims and Defenses by Prospective Parties. - (1) APPLICATION OF PRESUIT INVESTIGATION.—Presuit investigation of medical negligence claims...
766.204 - Availability of Medical Records for Presuit Investigation of Medical Negligence Claims and Defenses; Penalty. - (1) Copies of any medical record relevant to any litigation...
766.205 - Presuit Discovery of Medical Negligence Claims and Defenses. - (1) Upon the completion of presuit investigation pursuant to s....
766.206 - Presuit Investigation of Medical Negligence Claims and Defenses by Court. - (1) After the completion of presuit investigation by the parties...
766.207 - Voluntary Binding Arbitration of Medical Negligence Claims. - (1) Voluntary binding arbitration pursuant to this section and ss....
766.208 - Arbitration to Allocate Responsibility Among Multiple Defendants. - (1) The provisions of this section shall apply when more...
766.209 - Effects of Failure to Offer or Accept Voluntary Binding Arbitration. - (1) A proceeding for voluntary binding arbitration is an alternative...
766.21 - Misarbitration. - (1) At any time during the course of voluntary binding...
766.211 - Payment of Arbitration Award; Interest. - (1) Within 20 days after the determination of damages by...
766.212 - Appeal of Arbitration Awards and Allocations of Financial Responsibility. - (1) An arbitration award and an allocation of financial responsibility...
766.301 - Legislative Findings and Intent. - (1) The Legislature makes the following findings: (a) Physicians practicing...
766.302 - Definitions; Ss. 766.301-766.316. - (1) “Association” means the Florida Birth-Related Neurological Injury Compensation Association...
766.303 - Florida Birth-Related Neurological Injury Compensation Plan; Exclusiveness of Remedy. - (1) There is established the Florida Birth-Related Neurological Injury Compensation...
766.304 - Administrative Law Judge to Determine Claims. - History.—s. 63, ch. 88-1; s. 17, ch. 91-46; s. 3,...
766.305 - Filing of Claims and Responses; Medical Disciplinary Review. - (1) All claims filed for compensation under the plan shall...
766.306 - Tolling of Statute of Limitations. - History.—s. 65, ch. 88-1.
766.307 - Hearing; Parties; Discovery. - (1) The administrative law judge shall set the date for...
766.309 - Determination of Claims; Presumption; Findings of Administrative Law Judge Binding on Participants. - (1) The administrative law judge shall make the following determinations...
766.31 - Administrative Law Judge Awards for Birth-Related Neurological Injuries; Notice of Award. - (1) Upon determining that an infant has sustained a birth-related...
766.311 - Conclusiveness of Determination or Award; Appeal. - (1) A determination of the administrative law judge as to...
766.312 - Enforcement of Awards. - (1) The administrative law judge shall have full authority to...
766.313 - Limitation on Claim. - History.—s. 72, ch. 88-1; s. 38, ch. 88-277; s. 1,...
766.314 - Assessments; Plan of Operation. - (1) The assessments established pursuant to this section shall be...
766.3145 - Code of Ethics. - (1) On or before July 1 of each year, employees...
766.315 - Florida Birth-Related Neurological Injury Compensation Association; Board of Directors; Notice of Meetings; Report. - (1)(a) The Florida Birth-Related Neurological Injury Compensation Plan shall be...
766.316 - Notice to Obstetrical Patients of Participation in the Plan. - History.—s. 75, ch. 88-1; s. 8, ch. 89-186; s. 4,...
Chapter 767 - Damage by Dogs; Dangerous Dogs
Part I - Damage by Dogs (Ss. 767.01-767.07)
767.01 - Dog owner’s liability for damages to persons, domestic animals, or livestock. - History.—RS 2341; ch. 4979, 1901; GS 3142; RGS 4957; CGL...
767.02 - Sheep-killing dogs not to roam about. - History.—s. 1, ch. 4185, 1893; GS 3143; RGS 4958; CGL...
767.03 - Good defense for killing dog. - History.—s. 1, ch. 4978, 1901; GS 3144; RGS 4959; CGL...
767.04 - Dog owner’s liability for damages to persons bitten. - History.—s. 1, ch. 25109, 1949; s. 1, ch. 93-13; s....
767.05 - Owner’s liability for damages by dog to dairy cattle. - History.—s. 2, ch. 79-315; s. 482, ch. 81-259.
767.07 - Interpretation. - History.—s. 2, ch. 79-315.
Part II - Dangerous Dogs (Ss. 767.10-767.16)
767.10 - Legislative findings. - History.—s. 1, ch. 90-180.
767.11 - Definitions. - (1) “Dangerous dog” means any dog that according to the...
767.12 - Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. - (1) An animal control authority shall investigate reported incidents involving...
767.13 - Attack or bite by dangerous dog; penalties; confiscation; destruction. - (1) If a dog that has previously been declared dangerous...
767.135 - Attack or bite by unclassified dog that causes death; confiscation; destruction. - History.—s. 4, ch. 90-180; s. 4, ch. 93-13; s. 4,...
767.136 - Attack or bite by unclassified dog that causes severe injury or death; penalties. - (1) If a dog that has not been declared dangerous...
767.14 - Additional local restrictions authorized. - History.—s. 5, ch. 90-180; s. 5, ch. 2016-16.
767.15 - Other provisions of chapter 767 not superseded. - History.—s. 6, ch. 90-180.
767.16 - Police canine or service dog; exemption. - (1) Any canine that is owned, or the service of...
Chapter 768 - Negligence
Part I - General Provisions (Ss. 768.041-768.39)
768.041 - Release or covenant not to sue. - (1) A release or covenant not to sue as to...
768.0415 - Liability for injury to parent. - History.—s. 1, ch. 88-173.
768.042 - Damages. - History.—ss. 8, 9, ch. 75-9; s. 161, ch. 2020-2.
768.0425 - Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance. - (1) For purposes of this section only, the term “contractor”...
768.043 - Remittitur and additur actions arising out of operation of motor vehicles. - (1) In any action for the recovery of damages based...
768.07 - Railroad liability for injury to employees. - History.—s. 3, ch. 4071, 1891; GS 3150; RGS 4966; CGL...
768.0705 - Limitation on premises liability. - History.—s. 18, ch. 99-225.
768.075 - Immunity from liability for injury to trespassers on real property. - (1) A person or organization owning or controlling an interest...
768.0755 - Premises liability for transitory foreign substances in a business establishment. - (1) If a person slips and falls on a transitory...
768.08 - Liability of corporations having relief department for injury to employees; contracts in violation of act void. - History.—s. 1, ch. 6520, 1913; RGS 4967; CGL 7054; s....
768.0895 - Limitation of liability for employers of persons with disabilities. - (1) An employer who employs a person with a developmental...
768.091 - Employer liability limits; ridesharing. - (1) No employer shall be liable for injuries or damages...
768.092 - Special mobile equipment; liability of lessors. - (1) As used in this section, the term: (a) “Lease...
768.093 - Owner liability limits; powered shopping carts. - (1) For the purposes of this section, the term “powered...
768.095 - Employer immunity from liability; disclosure of information regarding former or current employees. - History.—s. 1, ch. 91-165; s. 17, ch. 99-225.
768.096 - Employer presumption against negligent hiring. - (1) In a civil action for the death of, or...
768.098 - Limitation of liability for employee leasing. - (1) An employer in a joint employment relationship pursuant to...
768.0981 - Limitation on actions against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics. - History.—s. 64, ch. 2003-416.
768.10 - Pits and holes not to be left open. - History.—s. 1, ch. 4051, 1891; GS 3152; RGS 4969; CGL...
768.11 - Pits and holes; measure of damages. - History.—s. 2, ch. 4051, 1891; GS 3153; RGS 4970; CGL...
768.12 - Motor vehicle colliding with any animal at large on a public highway. - History.—s. 1, ch. 21018, 1941.
768.125 - Liability for injury or damage resulting from intoxication. - History.—s. 1, ch. 80-37.
768.1256 - Government rules defense. - (1) In a product liability action brought against a manufacturer...
768.1257 - State-of-the-art defense for products liability. - History.—s. 14, ch. 99-225.
768.128 - Hazardous spills; definitions; persons who assist in containing or treating spills; immunity from liability; exceptions. - (1) For the purpose of this section: (a) The term...
768.13 - Good Samaritan Act; immunity from civil liability. - (1) This act shall be known and cited as the...
768.1315 - Good Samaritan Volunteer Firefighters’ Assistance Act; immunity from civil liability. - (1) SHORT TITLE.—This section may be cited as the “Good...
768.1325 - Cardiac Arrest Survival Act; immunity from civil liability. - (1) This section may be cited as the “Cardiac Arrest...
768.1326 - Placement of automated external defibrillators in state buildings; rulemaking authority. - (1) A reference list of appropriate training courses in the...
768.1335 - Emergency Medical Dispatch Act; presumption. - (1) This section may be known by the popular name...
768.1345 - Professional malpractice; immunity. - History.—s. 32, ch. 93-211.
768.135 - Volunteer team physicians; immunity. - (1) A volunteer team physician is any person licensed to...
768.1355 - Florida Volunteer Protection Act. - (1) Any person who volunteers to perform any service for...
768.136 - Liability for canned or perishable food distributed free of charge. - (1) As used in this section: (a) “Donor” means a...
768.137 - Definition; limitation of civil liability for certain farmers; exception. - (1) For the purposes of this section, the term “farmer”...
768.138 - Interruption of electric utility service by order of law enforcement; immunity. - History.—s. 1, ch. 2001-165.
768.1382 - Streetlights, security lights, and other similar illumination; limitation on liability. - (1) As used in this section, the term: (a) “Actual...
768.139 - Rescue of vulnerable person or domestic animal from a motor vehicle; immunity from civil liability. - (1) DEFINITIONS.—As used in this section, the term: (a) “Domestic...
768.14 - Suit by state; waiver of sovereign immunity. - History.—s. 1, ch. 67-2204.
768.16 - Wrongful Death Act. - History.—s. 1, ch. 72-35; s. 105, ch. 2003-1.
768.17 - Legislative intent. - History.—s. 1, ch. 72-35; s. 106, ch. 2003-1.
768.18 - Definitions. - (1) “Survivors” means the decedent’s spouse, children, parents, and, when...
768.19 - Right of action. - History.—s. 1, ch. 72-35.
768.20 - Parties. - History.—s. 1, ch. 72-35; s. 1168, ch. 97-102.
768.21 - Damages. - (1) Each survivor may recover the value of lost support...
768.22 - Form of verdict. - History.—s. 1, ch. 72-35.
768.23 - Protection of minors and incompetents. - History.—s. 1, ch. 72-35.
768.24 - Death of a survivor before judgment. - History.—s. 1, ch. 72-35; s. 1170, ch. 97-102.
768.25 - Court approval of settlements. - History.—s. 1, ch. 72-35.
768.26 - Litigation expenses. - History.—s. 1, ch. 72-35.
768.28 - Waiver of sovereign immunity in tort actions; recovery limits; civil liability for damages caused during a riot; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. - (1) In accordance with s. 13, Art. X of the...
768.295 - Strategic Lawsuits Against Public Participation (SLAPP) prohibited. - (1) It is the intent of the Legislature to protect...
768.31 - Contribution among tortfeasors. - (1) SHORT TITLE.—This act shall be cited as the “Uniform...
768.35 - Continuing domestic violence. - (1) A victim of domestic violence, as defined in s....
768.36 - Alcohol or drug defense. - (1) As used in this section, the term: (a) “Alcoholic...
768.37 - Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages. - History.—s. 1, ch. 2004-88.
768.38 - Liability protections for COVID-19-related claims. - (1) The Legislature finds that the COVID-19 outbreak in this...
768.381 - COVID-19-related claims against health care providers. - (1) DEFINITIONS.—As used in this section, the term: (a) “Authoritative...
768.382 - Limitation of liability for certain voluntary engineering or architectural services. - (1) For the purposes of this section, the term “structures...
768.39 - Immunity for educational institutions for actions related to the COVID-19 pandemic. - (1) The Legislature finds that during the COVID-19 public health...
Part II - Damages (Ss. 768.71-768.81)
768.71 - Applicability; conflicts. - (1) Except as otherwise specifically provided, this part applies to...
768.72 - Pleading in civil actions; claim for punitive damages. - (1) In any civil action, no claim for punitive damages...
768.725 - Punitive damages; burden of proof. - History.—s. 21, ch. 99-225.
768.73 - Punitive damages; limitation. - (1)(a) Except as provided in paragraphs (b) and (c), an...
768.733 - Bonds in class actions; limitations. - (1) In any civil action that is brought as a...
768.734 - Capacity to sue. - (1)(a) In any action asserting the right to class action...
768.735 - Punitive damages; exceptions; limitation. - (1) Sections 768.72(2)-(4), 768.725, and 768.73 do not apply to...
768.736 - Punitive damages; exceptions for intoxication. - History.—s. 25, ch. 99-225.
768.737 - Punitive damages; application in arbitration. - History.—s. 26, ch. 99-225.
768.74 - Remittitur and additur. - (1) In any action to which this part applies wherein...
768.76 - Collateral sources of indemnity. - (1) In any action to which this part applies in...
768.77 - Itemized verdict. - (1) Except as provided in subsection (2), in any action...
768.78 - Alternative methods of payment of damage awards. - (1)(a) In any action to which this part applies in...
768.79 - Offer of judgment and demand for judgment. - (1) In any civil action for damages filed in the...
768.81 - Comparative fault. - (1) DEFINITIONS.—As used in this section, the term: (a) “Accident”...
Chapter 769 - Hazardous Occupations
769.01 - Employers Affected by Fellow Servant Act. - History.—s. 1, ch. 6521, 1913; RGS 4971; CGL 7058.
769.02 - Liability of Certain Persons and Corporations for Injuries From Negligence of Fellow Servants. - History.—s. 2, ch. 6521, 1913; RGS 4972; CGL 7059.
769.03 - Recovery for Injuries Where Employee and Employer Both at Fault; Damages; Negligence of Fellow Servant. - History.—s. 3, ch. 6521, 1913; RGS 4973; CGL 7060; s....
769.04 - Doctrine of “Assumption of Risk” Abrogated. - History.—s. 4, ch. 6521, 1913; RGS 4974; CGL 7061; s....
769.05 - Proceeds of Recovery for Injuries Exempt From Garnishment and Execution. - History.—s. 5, ch. 6521, 1913; RGS 4975; CGL 7062.
769.06 - Contracts Limiting Liability Invalid. - History.—s. 6, ch. 6521, 1913; RGS 4976; CGL 7063.
Chapter 770 - Defamation
770.01 - Notice Condition Precedent to Action or Prosecution for Libel or Slander. - History.—s. 1, ch. 16070, 1933; CGL 1936 Supp. 7064(1); s....
770.02 - Correction, Apology, or Retraction by Newspaper or Broadcast Station. - (1) If it appears upon the trial that said article...
770.03 - Civil Liability of Broadcasting Stations. - History.—ss. 1, 2, 3, ch. 19616, 1939; CGL 1940 Supp....
770.04 - Civil Liability of Radio or Television Broadcasting Stations; Care to Prevent Publication or Utterance Required. - History.—s. 1, ch. 23802, 1947; s. 1, ch. 25278, 1949.
770.05 - Limitation of Choice of Venue. - History.—s. 1, ch. 67-52.
770.06 - Adverse Judgment in Any Jurisdiction a Bar to Additional Action. - History.—s. 2, ch. 67-52.
770.07 - Cause of Action, Time of Accrual. - History.—s. 3, ch. 67-52.
770.08 - Limitation on Recovery of Damages. - History.—s. 4, ch. 67-52; s. 1179, ch. 97-102.
Chapter 771 - Actions for Alienation of Affections, Criminal Conversation, Seduction, or Breach of Contract to Marry
771.01 - Certain Tort Actions Abolished. - History.—s. 1, ch. 23138, 1945.
771.04 - No Act Done in State to Give Cause of Action. - History.—s. 4, ch. 23138, 1945.
771.05 - Unlawful to File Certain Causes of Action. - History.—s. 5, ch. 23138, 1945; s. 234, ch. 77-104.
771.06 - Validity of Certain Contracts. - History.—s. 6, ch. 23138, 1945.
771.07 - Penalties. - History.—s. 7, ch. 23138, 1945; s. 698, ch. 71-136.
771.08 - Construction of Law. - History.—ss. 8, 9, ch. 23138, 1945.
Chapter 772 - Civil Remedies for Criminal Practices
772.101 - Short Title. - History.—s. 3, ch. 86-277.
772.102 - Definitions. - (1) “Criminal activity” means to commit, to attempt to commit,...
772.103 - Prohibited Activities. - (1) Who has with criminal intent received any proceeds derived,...
772.104 - Civil Cause of Action. - (1) Any person who proves by clear and convincing evidence...
772.11 - Civil Remedy for Theft or Exploitation. - (1) Any person who proves by clear and convincing evidence...
772.12 - Drug Dealer Liability Act. - (1) This section may be cited as the “Hugh O’Connor...
772.13 - Civil Remedy for Terrorism or Facilitating or Furthering Terrorism. - (1) A person who is injured by an act of...
772.14 - Estoppel of Defendant. - History.—s. 3, ch. 86-277.
772.15 - Admissibility of Not Guilty Verdict. - History.—s. 3, ch. 86-277.
772.17 - Limitation of Actions. - History.—s. 3, ch. 86-277.
772.18 - Cumulative Remedy. - History.—s. 3, ch. 86-277.
772.185 - Attorney’s Fees Taxed as Costs. - History.—s. 3, ch. 86-277.
772.19 - Exemption. - History.—s. 3, ch. 86-277.
Chapter 773 - Equine Activities
773.01 - Definitions. - (1) “Engages in an equine activity” means riding, training, assisting...
773.02 - General Provisions. - History.—s. 89, ch. 93-169; s. 93, ch. 99-3.
773.03 - Limitation on Liability for Equine Activity; Exceptions. - (1) This section applies to the horseracing industry as defined...
773.04 - Posting and Notification. - (1) Every equine activity sponsor and equine professional shall: (a)...
773.05 - Limitation on Liability of Persons Making Land Available to Public for Recreational Purposes. - History.—s. 92, ch. 93-169; s. 94, ch. 99-3.
773.06 - Helmet Requirements; Penalties. - (1) As used in this section, the term “equine” has...
Chapter 774 - Asbestos-Related and Silica-Related Claims
Part I - Asbestos-Related Claims (Ss. 774.001-774.008)
774.001 - Legislative findings and intent. - History.—s. 1, ch. 2005-269.
774.002 - Definitions. - (1) “Asbestos claim” means any claim, wherever or whenever made,...
774.003 - Applicability. - (1) The limitations in s. 774.004 apply to a corporation...
774.004 - Limitations on successor asbestos-related liabilities. - (1) Except as further limited in subsection (2), the cumulative...
774.005 - Establishing fair market value of total gross assets. - (1) A corporation may establish the fair market value of...
774.006 - Adjustment. - (1) Except as provided in subsections (2), (3), and (4),...
774.007 - Scope. - History.—s. 7, ch. 2005-269.
774.008 - Severability. - History.—s. 8, ch. 2005-269.
Part II - Asbestos and Silica Compensation Fairness Act (Ss. 774.201-774.209)
774.201 - Short title. - History.—s. 1, ch. 2005-274.
774.202 - Purpose. - (1) Give priority to true victims of asbestos and silica,...
774.203 - Definitions. - (1) “AMA Guides to the Evaluation of Permanent Impairment” means...
774.204 - Physical impairment. - (1) Physical impairment of the exposed person, to which asbestos...
774.205 - Claimant proceedings. - (1) A civil action alleging an asbestos or silica claim...
774.206 - Statute of limitations; two-disease rule. - (1) Notwithstanding any other law, with respect to any asbestos...
774.207 - Scope of liability; damages. - (1) Punitive damages may not be awarded in any civil...
774.208 - Liability rules applicable to protect sellers, renters, and lessors. - (1)(a) In a civil action alleging an asbestos or silica...
774.209 - Miscellaneous provisions. - (1) This act does not affect the scope or operation...