CopyCited 193 times | Published | Supreme Court of Florida
...Nevertheless, we still must determine whether section
768.73(1)(a) applies to the instant case. Section
768.73(1)(a) was enacted by the legislature in 1986 and specifically "applies only to causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date." §
768.71(2)....
CopyCited 186 times | Published | Supreme Court of Florida | 1993 WL 322933
...Marin's argument that our interpretation of the statute is illogical because it will result in conflicts with other statutes. We believe that any inconsistencies which may occur in given factual scenarios can be harmonized. [3] However, in the event they cannot, the legislature has already resolved the issue. Section 768.71(3), Florida Statutes (Supp. 1988) provides that if the provisions of sections 768.71-768.81 conflict with any other provisions of the Florida Statutes, such other provisions shall prevail....
CopyCited 117 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 358, 2006 Fla. LEXIS 982, 2006 WL 1491542
...Vizzini,
227 So.2d 205, 207 (Fla.1969)). Moreover, the chapter containing the offer of judgment statute expressly states that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply." §
768.71(3), Fla....
...erected and maintained by their insurance companies without sufficient funds for passage through. This certainly is not the intention of the Legislature. *1085 Section
768.79 is part of Chapter 768, Florida Statutes, wherein the Legislature included section
768.71(3), which provides that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply." The PIP statute found in section
627.736 specifically provides that in PIP cases, "the provisions of s....
...utory provision for fees, clearly indicates the Legislature's intention that section
627.428 be the exclusive authority for an award of fees in PIP cases. See, e.g., Frazier v. Metropolitan Dade County,
701 So.2d 418 (Fla. 3d DCA 1997) (holding that section
768.71(3) applied to a conflict between the wrongful death statute (the more specific statute) under which a non-negligent survivor's recovery cannot be reduced due to another survivor's negligence, and the comparative negligence statute (the...
CopyCited 21 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 8794, 2003 WL 21359343
...booth erected and maintained by their insurance companies without sufficient funds for passage through. This certainly is not the intention of the Legislature. Section
768.79 is part of Chapter 768, Florida Statutes, wherein the Legislature included section
768.71(3), which provides that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply." The PIP statute found in section
627.736 specifically provides that in PIP cases, "the provisions of s....
...utory provision for fees, clearly indicates the Legislature's intention that section
627.428 be the exclusive authority for an award of fees in PIP cases. See, e.g., Frazier v. Metropolitan Dade County,
701 So.2d 418 (Fla. 3d DCA 1997) (holding that section
768.71(3) applied to a conflict between the wrongful death statute (the more specific statute) under which a non-negligent survivor's recovery cannot be reduced due to another survivor's negligence, and the comparative negligence statute (the...
CopyCited 18 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 43, 1993 Fla. LEXIS 2, 1993 WL 1332
...5th DCA 1990), which in turn was based on the reasoning in Mudano v. St. Paul Fire & Marine Insurance Co.,
543 So.2d 876 (Fla. 4th DCA 1989). In Mudano the district court noted: Chapter 768, Florida Statutes, "NEGLIGENCE," is divided into three parts. Part III, "DAMAGES," contains sections
768.71 through
768.81. Section
768.71 entitled "Applicability; conflicts," provides in part: (2) This part applies only to causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date....
...the Florida Statutes, section
768.79 is part of an integrated statutory scheme under the negligence chapter of the Florida Statutes. This statutory scheme by its plain language attaches the right to attorney's fees to the underlying cause of action. §
768.71(2), Fla....
...offers of judgment under section
768.79. We think it is clear that the legislature intended section
768.79 to be interpreted in the light of those statutes that comprise the damages part of the negligence chapter, specifically, the plain language of section
768.71(2)....
...1 had it desired to do so. Additionally, we do not find any direct conflict between section
45.061 and section
768.79 that would justify petitioner's argument that section
45.061 should be read in place of section
768.79 by virtue of the language of section
768.71(3)....
...It is so ordered. BARKETT, C.J., and McDONALD, SHAW, GRIMES and HARDING, JJ., concur. OVERTON, J., dissents. NOTES [1] For a more detailed factual background of this case see Schmidgall v. Jones Boatyard, Inc.,
526 So.2d 1042 (Fla. 3d DCA 1988). [2] Section
768.71(3), Florida Statutes (1989), provides: If a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply.
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1993 WL 349937
...d the court shall instruct the jury to deduct from its verdict the value of all benefits received by the claimant from any collateral source. [e.s.] Section
768.76 is contained in Part III of Chapter 768, which governs damages in negligence actions. Section
768.71, states that, "[e]xcept as otherwise specifically provided, this part applies to any action for damages, whether in tort or in contract." (emphasis added)....
...f the ownership, operation, use, or maintenance of a motor vehicle, ... ." (emphasis supplied). Because section 627.7372 is "specifically" directed at tort actions involving motor vehicles, the "except as otherwise specifically provided" language of section 768.71 is triggered, rendering section 627.7372 the more appropriate in automobile accident cases....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 2000 WL 726363
...rt and contract actions. The two statutes are substantively identical; the only textual difference is the addition of the adverb "clearly" in two places. We note that if sections
768.043 and
768.74 were in conflict section
768.043 would control. See §
768.71(3)....
CopyCited 14 times | Published | District Court, M.D. Florida | 1987 U.S. Dist. LEXIS 12687, 1987 WL 34436
...Finally, defendants urge that any award of punitive damages in this case should be paid to the Florida General Revenue Fund pursuant to §
768.73(2) of the Florida Statutes. However, since this cause of action arose before July 1, 1986, §
768.73(2) does not apply here. See Fla. Stat. §
768.71 (1986)....
CopyCited 13 times | Published | District Court, M.D. Florida | 1989 U.S. Dist. LEXIS 12588, 1989 WL 128482
...For all these reasons, the Court finds that plaintiff must comply with §
768.72 to proceed on the punitive damages claim. [5] The foregoing ruling is made with one caveat. Section
768.72 became effective for causes of action arising on or after July 1, 1986. See Fla.Stat. §
768.71(2)....
CopyCited 11 times | Published | Supreme Court of Florida | 56 U.S.L.W. 2333, 12 Fla. L. Weekly 555, 1987 Fla. LEXIS 2462
...of joint and several liability is abrogated in Florida in favor of a rule that each defendant is liable only for an amount which is equivalent to the total damages multiplied by the percentage of fault by that defendant. For those accidents to which section 768.71, Florida Statutes (Supp....
...42, or chapter 895. (5) APPLICABILITY OF JOINT AND SEVERAL LIABILITY. Notwithstanding the provisions of this section, the doctrine of joint and several liability applies to all actions in which the total amount of damages does not exceed $25,000. §
768.71(2), Fla. Stat. (Supp. 1986), provides, inter alia, that §§
768.71
768.81 apply only to causes of action arising on or after July 1, 1986....
CopyCited 11 times | Published | Supreme Court of Florida | 1997 WL 136203
...review by this Court. [8] The Fourth District's decision in Disney was rendered on April 9, 1986. Section
768.81 only applies to "causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date." Section
768.71(2), Fla.Stat....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1995 WL 469649
...ndant shall be entitled to recover reasonable costs and attorney's fees incurred from the date of filing of the offer if the judgment obtained by the plaintiff is at least 25 percent less than such offer... (emphasis supplied). The plain language of section 768.71(2), attaches the right to attorney's fees to the underlying cause of action, in the integrated statutory scheme under the negligence chapter of the Florida Statutes....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 16277, 2001 WL 1434195
...at it could award punitive damages. [2] Transgo, *1113 Inc. v. Ajac Transmission Parts Corp.,
768 F.2d 1001 (9th Cir.1985). It appears that section
768.73 may not apply to a federal cause of action for intentional deprivation of civil rights because section
768.71(1), entitled "Applicability, conflicts," provides that "this part [Part II, Damages] applies to any action for damages, whether in tort or in contract," "[e]xcept as otherwise specifically provided." [3] However, we do not have to reach that question in this case....
...554,
19 So.2d 234 (1944); Prewitt Management Corp. v. Nikolits,
795 So.2d 1001 (Fla. 4th DCA 2001); Young v. Progressive Southeastern Ins. Co.,
753 So.2d 80 (Fla.2000) (expressio unius est exclusio alterius, the expression of one thing is the exclusion of the other). [6] Pursuant to section
768.71(1), that statute expressly applies to "any action for damages, whether in tort or in contract." As noted above, if the punitive damage award was made based on the civil rights violation, this statute may not be applicable....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2000 WL 873183
...ing statute which applies in PIP cases, it merely provided that section
627.428 applies in any dispute between an insured and insurer under the Florida Motor Vehicle No-Fault Law. [10] §
627.736(8), Fla. Stat. *1106 The lower court also relied upon section
768.71, Florida Statues in determining that the offer of judgment statute does not apply in PIP cases. Specifically, section
768.71 provides: [i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply. We find, however, that section
768.71(3), by its own terms, only applies where there is a "conflict" between statutes....
...6(8)?" The procedural posture of that case, however, precluded us from reaching the question on the merits. [7] The "part" referred to in the statute refers to Part II of chapter 768, Negligence part II is entitled "Damages" and consists of sections 768.71-.81....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1989 WL 55968
...ffer of judgment is not accepted. The accident and injury in question occurred prior to July 1, 1986, the effective date of the statute. Chapter 768, Florida Statutes, "NEGLIGENCE," is divided into three parts. Part III, "DAMAGES," contains sections
768.71 through
768.81. Section
768.71, entitled "Applicability; conflicts," provides, in part: (2) This part applies only to causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1997 WL 699562
...d not on the basis of the doctrine of joint and several liability...." The comparative fault statute dictates that each party's liability is limited to that party's percentage of fault. The apparent conflict between these two statutes is resolved by section 768.71(3), Florida Statutes (1995), which provides that where the statutes conflict, the comparative fault statute must yield to the wrongful death statute....
CopyCited 5 times | Published | Supreme Court of Florida | 2004 WL 1403170
...Thus, under section
768.76(1), the court reduces the jury award by the amount of collateral source benefits. That section itself states that it must be followed "in any action in which this part applies." "This part" refers to Part II of Chapter 768, sections
768.71-.81, Florida Statutes (2001). Part II applies "[e]xcept as otherwise specifically provided, ... to any action for damages, whether in tort or in contract." §
768.71(1), Fla. Stat. (2001). The statute clarifies, however, that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply." §
768.71(3), Fla....
...or payable. (Emphasis added.) Thus, in contrast to the procedure under section
768.76(1), in which the court offsets the collateral source amount, under section
627.736(3), the trier of factwhether judge or juryis to offset the amount. As noted, section
768.71(3) provides that any conflicting statute governs over section
768.76....
CopyCited 5 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 81318, 2015 WL 3866872
...do not apply to this case because those provisions are in the “Torts” section of the Florida code rather than the “Consumer Collection Practices” section where the FCCPA is. However, the punitive damages section applies to “any action for damages, whether in tort or in contract.” Fla. Stat. § 768.71 ....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 16814
...and Med pay coverages. Section
768.76 is found in part II of *109 chapter 768 and is a general provision that authorizes the court to reduce the jury's damage award by the total amounts of collateral source payments for benefit of the claimant. [1] Section
768.71 defines the circumstances in which part II of chapter 768 applies, but specifically states in subparagraph
768.71(3) that, "If a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply." As this case involves personal injuries arising out of the operation of a motor vehicle, any offset for c...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 785, 2008 WL 199897
...Weygant contends that section
768.79, the offer of judgment statute, is inapplicable because it conflicts with the legislature's expressed intent to limit when attorney's fees may be awarded to a prevailing defendant in an action brought under the FCRA. See §
768.71(3) (providing that "[i]f a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply")....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 174667
...ontrol in this case. The tort reform act of 1986 of which section
768.81, Florida Statutes, is a part made substantial changes in Florida law with respect to the determination of damages and joint and several liability. However, as part of that act, section
768.71(3) provided: If a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply. The Cains contend that section
768.20, Florida Statutes, enacted in 1972 conflicts with
768.81 in this case and thus pursuant to section
768.71(3) applies....
...pecifically address the quoted portion of section
768.20, Florida Statutes.) Thus, while section
768.81, Florida Statutes, provides that the court shall enter judgment against each party liable on the basis of such party's percentage of fault, under section
768.71(3) that statute must yield to section
768.20 where they conflict....
CopyCited 3 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 13339, 1997 WL 298917
...86-160, § 60, providing that claims for punitive damages may be asserted only under specified circumstances, ch. 86-160, § 51, and limiting the availability and amount of punitive damages in certain civil actions, ch. 86-1 60, § 52. [12] Fl.Stat. § 768.71-81 all deal with awards of monetary damages in actions sounding in either tort or contract....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2004 WL 384187
...Both require the trier of fact to offset damages based on evidence of medical expenses paid or to be paid. The purpose of the collateral source set-off could be achieved under the provisions of either law. Arguably, the preclusive language set forth in Section
768.71(3) of the Florida Statutes would seem to preclude the application of Section
768.76(1) to automobile tort cases. Section
768.71(3) provides: "if a provision of this part is in conflict with any other provision of the Florida Statutes, such other provision shall apply." This court finds that Section
627.736(3) does not conflict with or supplant Section
768.76(1)....
...rovides that benefits provided under auto insurance are collateral sources which are deductible. Furthermore, it is implausible to conclude that the collateral source law, set forth in Section
627.736(3), supersedes Section
768.76(1) by operation of Section
768.71(3). Although the role of the jury was delineated under Section
627.736(3), the rights and obligations of the court were not extinguished. Thus, Section
768.71(3) does not preclude the authority accorded trial courts by Section
768.76(1) in cases involving automobile torts....
...r medical expenses. Accordingly, this matter is reversed and remanded to the trial court for further consideration of the appellant's post-trial motion in accordance with this opinion. REVERSED and REMANDED. STEVENSON and MAY, JJ., concur. NOTES [1] Section 768.71(1), Fla Stat....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1999 WL 314133
...Cox,
671 So.2d 158, 160 (Fla.1996) (emphasis added). The statute itself provides no guidance as to whether it applies to federal claims. On its face, it applies to "any civil action" and makes no distinction between state law and federal law claims. Section
768.71(1) provides: "Except as otherwise specifically provided, this part applies to any action for damages, whether in tort or in contract." Degoria argues that 42 U.S.C....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22681144
...gation or reimbursement right exists."). The difference between section
768.76(1) and
768.76(4) is that the former adjusts the claimant's damages award, whereas the latter adjusts the amount of the collateral source provider's reimbursement. Compare §
768.71(1) (providing that "the court shall reduce the amount of [the claimant's] award by the total of all amounts which have been paid for the benefit of the claimant......
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Nevertheless, the court expressed a belief that any conflicts or inconsistencies between section
768.81(3) and other statutes could be harmonized; and in event they cannot be harmonized, the court said, then the issue must be resolved by application of the legislative directive appearing in section
768.71(3) which states that in event of conflict with other statutes, "such other provisions shall apply." From these and other expressions of the court in its Fabre II opinion, it is clear that the appellee's arguments, both here and in the lower court, that the setoff provisions do not survive the abolition of joint and several liability found in section
768.81(3), must yield to the contrary legislative intent expressed in section
768.71(3)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 21537344
...KLEIN and SHAHOOD, JJ., concur. NOTES [1] "Except as otherwise specifically provided," Part II of Chapter 768, Florida Statutes (2001) "applies to any action for damages, whether in tort or contract" when the cause of action arose on or after July 1, 1986. § 768.71(1) & (2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1997 WL 765642
...courts of this state..." Ch. 90-119, § 48, Laws of Fla. Although Harris contends that this language requires section
768.79(1) to take precedence over any contrary statutory provision, her argument ignores the clear legislative intent expressed in section
768.71: (1) except as otherwise specifically provided, this part applies to any action for damages, whether in tort or in contract ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1998 WL 685059
...laintiffs were seeking reimbursement in subrogation. Section
768.79(1) applies to "any civil action for damages." This statute is located in part II of chapter 768, which generally applies to "any action for damages, whether in tort or in contract." §
768.71(1), Fla....
CopyPublished | Supreme Court of Florida
... (holding that statute that expressly “applie[d] only to causes of
action arising on or after July 1, 1986,” did not “by its terms . . .
apply . . . where the underlying cause of action accrued prior to its
effective date” (first quoting § 768.71(2), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 25, 2023
...must bear in mind that “assessing the amount of damages is within
10 Florida law requires a court to review whether a damages award is exces-
sive in “any action for damages, whether in tort or in contract.” Fla. Stat.
§ 768.71(1).
USCA11 Case: 20-13954 Document: 53-1 Date Filed: 06/05/2023 Page: 14 of 23
14 Opinion of the Court 20-13954
the province of the jury.” Odom v....
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 2261502, 2008 Fla. App. LEXIS 8127
...Even though CB presented evidence of damages between $600,000 and $800,000, the jury awarded only $30,000 in damages. CB moved for additur or new trial regarding the jury's award. Section
768.74, Florida Statutes, governs additur and applies "to any action for damages, whether in tort or in contract." §
768.71(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 6759, 1992 WL 143655
...res the apportionment of damages based upon the respective parties’ percentage of fault. This was error. Section
768.81 applies only to causes of action arising on or after July 1, 1986. See Walt Disney World Co. v. Wood,
515 So.2d 198 (Fla.1987); §
768.71(2), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal
... Section
768.81 is contained in Part II of Chapter 768. In describing the
applicability of Part II, the legislature adopted an expansive view that
applied the statute to both contract and tort actions, “[e]xcept as otherwise
specifically provided.” §
768.71(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 310, 2016 WL 81661
...Jacksonville Expressway Authority,
131 So.2d 740 (Fla.1961). As Appellees argue, Bennett was decided prior to the enactment of section
768.74(1), Florida Statutes (2014), which authorizes the use of additur in “any action to which this part applies.” Section
768.71(1), provides that sections
768.71 through
768.81, Florida Statutes, are applicable to “any action for damages, whether in tort or in contract.” We interpret this languáge to include an action for severance damages....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 591, 1998 WL 27307
...all benefits received by the claimant from any collateral source. Kirkland, 655 So.2d at 109. The First District concluded that in automobile cases, section
768.76 must yield to the more specific section 627.7372. Kirkland, 655 So.2d at 109 (citing §
768.71(3), Fla.Stat.)....
CopyPublished | Florida 3rd District Court of Appeal
...substantive statutes that provide defendants with a right to a setoff. In fact,
18
the pure apportionment statute (section
768.81(3)) rests in Part II of Chapter
768, governing damages in negligence actions. Section
768.71(3) of the
Florida Statutes, addressing the applicability of Part II of Chapter 768,
provides that “[i]f a provision of this part is in conflict with any other provision
of the Florida Statutes, such other provision shall apply.”...
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9902, 1990 WL 212838
...2d DCA 1978); Christiani v. Popovich,
363 So.2d 2 (Fla. 1st DCA 1978), cert. denied,
389 So.2d 1179 (Fla.1980). The 1986 legislative tort reforms were made applicable to causes of action which accrued on or after the effective date of the new statutes. §
768.71, Fla.Stat....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 16 U.C.C. Rep. Serv. 2d (West) 731, 1991 Bankr. LEXIS 1956
...Florida Statute §
768.73 states that “in any civil action based on ... misconduct in commercial transactions ... punitive damages shall not exceed three times the amount of compensatory damages.” However, §
768.73 only applies to causes of action arising after July 1, 1986. Fla.Stat. §
768.71(2)....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 10965, 2001 WL 874222
...(4) If the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only, (emphasis supplied) Section
768.74 is located in part II of chapter 768 and applies to "any action for damages, whether in tort or contract." §
768.71(1), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 18, 2022
...that a defendant can be held liable “for punitive damages only if the
trier of fact, based on clear and convincing evidence, finds that the
defendant was personally guilty of intentional misconduct or gross
negligence.” Florida Statute §
768.71 in turn states that section
USCA11 Case: 21-11736 Document: 40-1 Date Filed: 04/11/2023 Page: 23 of 30
21-11736 Opinion of the Court 23
768.72 “applies to any action for...
