Florida Statute 768.35 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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 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.

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Amendments to 768.35

Annotations, Discussions, Cases:

Cases Citing Statute 768.35

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Heggs v. State, 759 So. 2d 620 (Fla. 2000).

Cited 311 times | Published | Supreme Court of Florida | 2000 WL 178052

...me three provisions dealing with domestic violence are located in chapter 95-182, the chapter law considered in Thompson, and chapter 95-184, the chapter law at issue here. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending section 784.046, respectively), with Ch....

...These three sections amend various statutes relating to domestic violence, and they are the exact provisions that were included in chapter 95-182, the chapter law at issue in *626 Thompson. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending section 784.046, respectively), with Ch....

...Section 36 of chapter 95-184 amends section 741.31, Florida Statutes, to create a civil cause of action for damages (including costs and attorney's fees) for injuries inflicted in violation of a domestic violence injunction, to be enforced by the court that issued the injunction. [5] Section 37 creates section 768.35, Florida Statutes, to provide a cause of action for victims of continued domestic violence....

...We now apply these above-stated principles to the present case. The title of chapter 95-184, in its entirety, spans almost two pages of text. See Ch. 95-184, at 1676-78. Clearly located within the lengthy title is a reference to amending sections 741.31, 768.35, and 784.06, Florida Statutes, [9] see id....

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State v. Thompson, 750 So. 2d 643 (Fla. 1999).

Cited 67 times | Published | Supreme Court of Florida | 1999 WL 1244518

...ts and attorney's fees) for "[a]ny person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence." Ch. 95-182, § 8, at 1673-74. In section 9 of the chapter law, the Legislature created section 768.35, Florida Statutes, to provide a cause of action for victims of continued domestic violence, in which such victims may recover both compensatory and punitive damages from the perpetrator responsible for the violence....

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.