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- Florida Torts Code Section 766.101; Medical review committee, immunity from liability.
(1) As used in this section: (a) The term "medical review committee" or "committee" means: 1.a. A committee of a hospital or ambulatory surgical ...
- Florida Torts Code Section 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, any committee, board, group, commission, or other entity shall be immune from civil liability for ...
- Florida Torts Code Section 766.1016; Patient safety data privilege.
(1) As used in this section, the term: (a) "Patient safety data" means reports made to patient safety organizations, including all health care data, interviews, ...
- Florida Torts Code Section 766.102; Medical negligence; standards of recovery; expert witness.
(1) In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such ...
- Florida Torts Code Section 766.103; Florida Medical Consent Law.
(1) This section shall be known and cited as the "Florida Medical Consent Law." (2) In any medical treatment activity not covered by s. 768....
- Florida Torts Code Section 766.104; Pleading in medical negligence cases; claim for punitive damages; authorization for release of records for investigation.
(1) No action shall be filed for personal injury or wrongful death arising out of medical negligence, whether in tort or in contract, unless the ...
- Florida Torts Code Section 766.105; Florida Patient's Compensation Fund.
(1) DEFINITIONS.--The following definitions apply in the interpretation and enforcement of this section: (a) The term "fund" means the Florida Patient's Compensation Fund. ...
- Florida Torts Code Section 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 for medical negligence" or "claim for medical malpractice" means a claim, arising out of ...
- Florida Torts Code Section 766.107; Court-ordered arbitration.
(1) In an action for recovery of damages based on the death or personal injury of any person in which it is alleged that such ...
- Florida Torts Code Section 766.108; Mandatory mediation and mandatory settlement conference in medical negligence actions.
(1) Within 120 days after the suit is filed, unless such period is extended by mutual agreement of all parties, all parties shall attend in-...
- Florida Torts Code Section 766.110; Liability of health care facilities.
(1) All health care facilities, including hospitals and ambulatory surgical centers, as defined in chapter 395, have a duty to assure comprehensive risk management and ...
- Florida Torts Code Section 766.111; Engaging in unnecessary diagnostic testing; penalties.
(1) No health care provider licensed pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 shall order, procure, provide, or administer ...
- Florida Torts Code Section 766.1115; Health care providers; creation of agency relationship with governmental contractors.
(1) SHORT TITLE.--This section may be cited as the "Access to Health Care Act." (2) FINDINGS AND INTENT.--The Legislature finds that a significant ...
- Florida Torts Code Section 766.1116; Health care practitioner; waiver of license renewal fees and continuing education requirements.
(1) As used in this section, the term "health care practitioner" means a physician or physician assistant licensed under chapter 458; an osteopathic physician or ...
- Florida Torts Code Section 766.112; Comparative fault.
(1) Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical negligence, whether ...
- Florida Torts Code Section 766.113; Settlement agreements; prohibition on restricting disclosure to Division of Medical Quality Assurance.
(1) Each final settlement agreement relating to medical negligence shall include the following statement: "The decision to settle a case may reflect the economic practicalities ...
- Florida Torts Code Section 766.118; Determination of noneconomic damages.
(1) DEFINITIONS.--As used in this section, the term: (a) "Catastrophic injury" means a permanent impairment constituted by: 1. Spinal cord injury involving severe paralysis ...
- Florida Torts Code Section 766.1185; Bad faith actions.
In all actions for bad faith against a medical malpractice insurer relating to professional liability insurance coverage for medical negligence, and in determining whether the ...
- Florida Torts Code Section 766.201; Legislative findings and intent.
(1) The Legislature makes the following findings: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased medical care costs ...
- Florida Torts Code Section 766.202; Definitions; ss. 766.201-766.212.
As used in ss. 766.201-766.212, the term: (1) "Claimant" means any person who has a cause of action for damages based on ...
- Florida Torts Code Section 766.2021; Limitation on damages against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics.
An entity licensed or certified under chapter 624, chapter 636, or chapter 641 shall not be liable for the medical negligence of a health care ...
- Florida Torts Code Section 766.203; Presuit investigation of medical negligence claims and defenses by prospective parties.
(1) APPLICATION OF PRESUIT INVESTIGATION.--Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204-766.206 shall apply ...
- Florida Torts Code Section 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 of a medical negligence claim or defense shall be provided to a claimant or a ...
- Florida Torts Code Section 766.205; Presuit discovery of medical negligence claims and defenses.
(1) Upon the completion of presuit investigation pursuant to s. 766.203, which investigation has resulted in the mailing of a notice of intent to ...
- Florida Torts Code Section 766.206; Presuit investigation of medical negligence claims and defenses by court.
(1) After the completion of presuit investigation by the parties pursuant to s. 766.203 and any discovery pursuant to s. 766.106, any party ...
- Florida Torts Code Section 766.207; Voluntary binding arbitration of medical negligence claims.
(1) Voluntary binding arbitration pursuant to this section and ss. 766.208-766.212 shall not apply to rights of action involving the state or ...
- Florida Torts Code Section 766.208; Arbitration to allocate responsibility among multiple defendants.
(1) The provisions of this section shall apply when more than one defendant has participated in voluntary binding arbitration pursuant to s. 766.207. (2) ...
- Florida Torts Code Section 766.209; Effects of failure to offer or accept voluntary binding arbitration.
(1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury ...
- Florida Torts Code Section 766.21; Misarbitration.
(1) At any time during the course of voluntary binding arbitration of a medical negligence claim pursuant to s. 766.207, the administrative law judge ...
- Florida Torts Code Section 766.211; Payment of arbitration award; interest.
(1) Within 20 days after the determination of damages by the arbitration panel pursuant to s. 766.207, the defendant shall: (a) Pay the arbitration ...
- Florida Torts Code Section 766.212; Appeal of arbitration awards and allocations of financial responsibility.
(1) An arbitration award and an allocation of financial responsibility are final agency action for purposes of s. 120.68. Any appeal shall be taken ...
- Florida Torts Code Section 766.301; Legislative findings and intent.
(1) The Legislature makes the following findings: (a) Physicians practicing obstetrics are high-risk medical specialists for whom malpractice insurance premiums are very costly, and ...
- Florida Torts Code Section 766.302; Definitions; ss. 766.301-766.316.
As used in ss. 766.301-766.316, the term: (1) "Association" means the Florida Birth-Related Neurological Injury Compensation Association established in s. 766....
- Florida Torts Code Section 766.303; Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy.
(1) There is established the Florida Birth-Related Neurological Injury Compensation Plan for the purpose of providing compensation, irrespective of fault, for birth-related neurological ...
- Florida Torts Code Section 766.304; Administrative law judge to determine claims.
The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 and shall exercise the full power and ...
- Florida Torts Code Section 766.305; Filing of claims and responses; medical disciplinary review.
(1) All claims filed for compensation under the plan shall commence by the claimant filing with the division a petition seeking compensation. Such petition shall ...
- Florida Torts Code Section 766.306; Tolling of statute of limitations.
The statute of limitations with respect to any civil action that may be brought by, or on behalf of, an injured infant allegedly arising out ...
- Florida Torts Code Section 766.307; Hearing; parties; discovery.
(1) The administrative law judge shall set the date for a hearing no sooner than 60 days and no later than 120 days after the ...
- Florida Torts Code Section 766.309; Determination of claims; presumption; findings of administrative law judge binding on participants.
(1) The administrative law judge shall make the following determinations based upon all available evidence: (a) Whether the injury claimed is a birth-related neurological ...
- Florida Torts Code Section 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 neurological injury and that obstetrical services were delivered by a participating physician at the ...
- Florida Torts Code Section 766.311; Conclusiveness of determination or award; appeal.
(1) A determination of the administrative law judge as to qualification of the claim for purposes of compensability under s. 766.309 or an award ...
- Florida Torts Code Section 766.312; Enforcement of awards.
(1) The administrative law judge shall have full authority to enforce her or his awards and to protect herself or himself from any deception or ...
- Florida Torts Code Section 766.313; Limitation on claim.
Any claim for compensation under ss. 766.301-766.316 that is filed more than 5 years after the birth of an infant alleged to ...
- Florida Torts Code Section 766.314; Assessments; plan of operation.
(1) The assessments established pursuant to this section shall be used to finance the Florida Birth-Related Neurological Injury Compensation Plan. (2) The assessments and ...
- Florida Torts Code Section 766.315; Florida Birth-Related Neurological Injury Compensation Association; board of directors.
(1)(a) The Florida Birth-Related Neurological Injury Compensation Plan shall be governed by a board of five directors which shall be known as the ...
- Florida Torts Code Section 766.316; Notice to obstetrical patients of participation in the plan.
Each hospital with a participating physician on its staff and each participating physician, other than residents, assistant residents, and interns deemed to be participating physicians ...
- Florida Torts Code Section 767.01; Dog owner's liability for damages to persons, domestic animals, or livestock.
Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of "...
- Florida Torts Code Section 767.02; Sheep-killing dogs not to roam about.
It is unlawful for any dog known to have killed sheep to roam about over the country unattended by a keeper. Any such dog found ...
- Florida Torts Code Section 767.03; Good defense for killing dog.
In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had ...
- Florida Torts Code Section 767.04; Dog owner's liability for damages to persons bitten.
The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a ...
- Florida Torts Code Section 767.05; Owner's liability for damages by dog to dairy cattle.
An owner or keeper of any dog that kills, wounds, or harasses any dairy cattle shall be jointly and severally liable to the owner of ...
- Florida Torts Code Section 767.07; Interpretation.
Section 767.05 is supplemental to all other laws relating to dogs not expressly referred to therein and shall not be construed to modify, repeal, ...
- Florida Torts Code Section 767.10; Legislative findings.
The Legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because ...
- Florida Torts Code Section 767.11; Definitions.
As used in this act, unless the context clearly requires otherwise: (1) "Dangerous dog" means any dog that according to the records of the appropriate ...
- Florida Torts Code Section 767.12; Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts.
(1)(a) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and ...
- Florida Torts Code Section 767.13; Attack or bite by dangerous dog; penalties; confiscation; destruction.
(1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty ...
- Florida Torts Code Section 767.14; Additional local restrictions authorized.
Nothing in this act shall limit any local government from placing further restrictions or additional requirements on owners of dangerous dogs or developing procedures and ...
- Florida Torts Code Section 767.15; Other provisions of chapter 767 not superseded.
Nothing in this act shall supersede chapter 767, Florida Statutes ...
- Florida Torts Code Section 767.16; Bite by a police or service dog; exemption from quarantine.
Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a ...
- Florida Torts Code Section 768.041; Release or covenant not to sue.
(1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any ...
- Florida Torts Code Section 768.0415; Liability for injury to parent.
A person who, through negligence, causes significant permanent injury to the natural or adoptive parent of an unmarried dependent resulting in a permanent total disability ...
- Florida Torts Code Section 768.042; Damages.
(1) In any action brought in the circuit court to recover damages for personal injury or wrongful death, the amount of general damages shall not ...
- Florida Torts Code Section 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" means any person who contracts to perform any construction or building service which is regulated ...
- Florida Torts Code Section 768.043; Remittitur and additur actions arising out of operation of motor vehicles.
(1) In any action for the recovery of damages based on personal injury or wrongful death arising out of the operation of a motor vehicle, ...
- Florida Torts Code Section 768.07; Railroad liability for injury to employees.
If any person is injured by a railroad company by the running of the locomotives or cars, or other machinery of such company, the person ...
- Florida Torts Code Section 768.0705; Limitation on premises liability.
The owner or operator of a convenience business that substantially implements the applicable security measures listed in ss. 812.173 and 812.174 shall gain ...
- Florida Torts Code Section 768.0710; Burden of proof in claims of negligence involving transitory foreign objects or substances against persons or entities in possession or control of business premises.
(1) The person or entity in possession or control of business premises owes a duty of reasonable care to maintain the premises in a reasonably ...
- Florida Torts Code Section 768.075; Immunity from liability for injury to trespassers on real property.
(1) A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held ...
- Florida Torts Code Section 768.08; Liability of corporations having relief department for injury to employees; contracts in violation of act void.
Any person, association of persons, or corporation that has, or shall hereafter have, a relief department for the benefit of their or its employees, or ...
- Florida Torts Code Section 768.091; Employer liability limits; ridesharing.
(1) No employer shall be liable for injuries or damages sustained by operators, passengers, or other persons resulting from the operation of a motor vehicle ...
- Florida Torts Code Section 768.093; Owner liability limits; powered shopping carts.
(1) For the purposes of this section, the term "powered shopping cart" means an electrically powered assistive technology device which is generally used in a ...
- Florida Torts Code Section 768.095; Employer immunity from liability; disclosure of information regarding former or current employees.
An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the ...
- Florida Torts Code Section 768.096; Employer presumption against negligent hiring.
(1) In a civil action for the death of, or injury or damage to, a third person caused by the intentional tort of an employee, ...
- Florida Torts Code Section 768.098; Limitation of liability for employee leasing.
(1) An employer in a joint employment relationship pursuant to s. 468.520 shall not be liable for the tortious actions of another employer in ...
- Florida Torts Code Section 768.0981; Limitation on actions against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics.
An entity licensed or certified under chapter 624, chapter 636, or chapter 641 shall not be liable for the medical negligence of a health care ...
- Florida Torts Code Section 768.10; Pits and holes not to be left open.
It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth ...
- Florida Torts Code Section 768.11; Pits and holes; measure of damages.
Any company or individual who may leave open pits or other holes contrary to the provisions of s. 768.10 shall be liable in damages ...
- Florida Torts Code Section 768.12; Motor vehicle colliding with any animal at large on a public highway.
Whenever a motor vehicle collides with any animal at large on a public highway of this state, and the operator of the motor vehicle dies ...
- Florida Torts Code Section 768.125; Liability for injury or damage resulting from intoxication.
A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused ...
- Florida Torts Code Section 768.1256; Government rules defense.
(1) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a product, there is a rebuttable presumption that ...
- Florida Torts Code Section 768.1257; State-of-the-art defense for products liability.
In an action based upon defective design, brought against the manufacturer of a product, the finder of fact shall consider the state of the art ...
- Florida Torts Code Section 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 "hazardous materials" includes all materials and substances which are now designated or defined as hazardous ...
- Florida Torts Code Section 768.13; Good Samaritan Act; immunity from civil liability.
(1) This act shall be known and cited as the "Good Samaritan Act." (2)(a) Any person, including those licensed to practice medicine, who gratuitously ...
- Florida Torts Code Section 768.1315; Good Samaritan Volunteer Firefighters' Assistance Act; immunity from civil liability.
(1) SHORT TITLE.--This section may be cited as the "Good Samaritan Volunteer Firefighters' Assistance Act." (2) DEFINITIONS.--As used in this section, the term: (...
- Florida Torts Code Section 768.1325; Cardiac Arrest Survival Act; immunity from civil liability.
(1) This section may be cited as the "Cardiac Arrest Survival Act." (2) As used in this section: (a) "Perceived medical emergency" means circumstances in ...
- Florida Torts Code Section 768.1335; Emergency Medical Dispatch Act; presumption.
(1) This section may be known by the popular name the "Emergency Medical Dispatch Act." (2) As used in this section: (a) "Emergency medical dispatch" ...
- Florida Torts Code Section 768.1345; Professional malpractice; immunity.
No person shall have a claim for professional malpractice against a licensed professional who provides services for which no compensation is sought or received to ...
- Florida Torts Code Section 768.135; Volunteer team physicians; immunity.
Any person licensed to practice medicine pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466: (1) Who is acting in the ...
- Florida Torts Code Section 768.1355; Florida Volunteer Protection Act.
(1) Any person who volunteers to perform any service for any nonprofit organization, including an officer or director of such organization, without compensation, except reimbursement ...
- Florida Torts Code Section 768.136; Liability for canned or perishable food distributed free of charge.
(1) As used in this section: (a) "Donor" means a person, business, organization, or institution which owns, rents, leases, or operates: 1. Any building, vehicle, ...
- Florida Torts Code Section 768.137; Definition; limitation of civil liability for certain farmers; exception.
(1) For the purposes of this section, the term "farmer" means a person who is engaging in the growing or producing of farm produce, either ...
- Florida Torts Code Section 768.138; Interruption of electric utility service by order of law enforcement; immunity.
The good-faith compliance by an electric utility, as defined in s. 366.02, or the utility's personnel, with a law enforcement or judicial ...
- Florida Torts Code Section 768.1382; Streetlights, security lights, and other similar illumination; limitation on liability.
(1) As used in this section, the term: (a) "Actual notice" means notification to the streetlight provider that is acknowledged by the streetlight provider in ...
- Florida Torts Code Section 768.14; Suit by state; waiver of sovereign immunity.
Suit by the state or any of its agencies or subdivisions to recover damages in tort shall constitute a waiver of sovereign immunity from liability ...
- Florida Torts Code Section 768.16; Wrongful Death Act.
Sections 768.16-768.26 may be cited as the "Florida Wrongful Death ...
- Florida Torts Code Section 768.17; Legislative intent.
It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the ...
- Florida Torts Code Section 768.18; Definitions.
As used in ss. 768.16-768.26: (1) "Survivors" means the decedent's spouse, children, parents, and, when partly or wholly dependent on the ...
- Florida Torts Code Section 768.19; Right of action.
When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those ...
- Florida Torts Code Section 768.20; Parties.
The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all ...
- Florida Torts Code Section 768.21; Damages.
All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the ...
- Florida Torts Code Section 768.22; Form of verdict.
The amounts awarded to each survivor and to the estate shall be stated separately in the ...
- Florida Torts Code Section 768.23; Protection of minors and incompetents.
The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship ...
- Florida Torts Code Section 768.24; Death of a survivor before judgment.
A survivor's death before final judgment shall limit the survivor's recovery to lost support and services to the date of his or her ...
- Florida Torts Code Section 768.25; Court approval of settlements.
While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor ...
- Florida Torts Code Section 768.26; Litigation expenses.
Attorneys' fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate ...
- Florida Torts Code Section 768.28; Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.
(1) In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign ...
- Florida Torts Code Section 768.295; Strategic Lawsuits Against Public Participation (SLAPP) suits by governmental entities prohibited.
(1) This section may be cited as the "Citizen Participation in Government Act." (2) It is the intent of the Legislature to protect the right ...
- Florida Torts Code Section 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 ...
- Florida Torts Code Section 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 ...
- Florida Torts Code Section 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 ...
- Florida Torts Code Section 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 ...
- Florida Torts Code Section 768.71; Applicability; conflicts.
(1) Except as otherwise specifically provided, this part applies to any action for damages, whether in tort or in contract. (2) This part applies only ...
- Florida Torts Code Section 768.72; Pleading in civil actions; claim for punitive damages.
(1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or ...
- Florida Torts Code Section 768.725; Punitive damages; burden of proof.
In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The "greater ...
- Florida Torts Code Section 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 ...
- Florida Torts Code Section 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 ...
- Florida Torts Code Section 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 ...
- Florida Torts Code Section 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 ...
- Florida Torts Code Section 768.736; Punitive damages; exceptions for intoxication.
Sections 768.725 and 768.73 do not apply to any defendant who, at the time of the act or omission for which punitive damages ...
- Florida Torts Code Section 768.737; Punitive damages; application in arbitration.
Where punitive damages are available as a remedy in an arbitration proceeding, ss. 768.72, 768.725, and 768.73 apply. When an award of ...
- Florida Torts Code Section 768.74; Remittitur and additur.
(1) In any action to which this part applies wherein the trier of fact determines that liability exists on the part of the defendant and ...
- Florida Torts Code Section 768.75; Optional settlement conference in certain tort actions.
(1) In any action to which this part applies, the court may require a settlement conference to be held at least 3 weeks before the ...
- Florida Torts Code Section 768.76; Collateral sources of indemnity.
(1) In any action to which this part applies in which liability is admitted or is determined by the trier of fact and in which ...
- Florida Torts Code Section 768.77; Itemized verdict.
(1) Except as provided in subsection (2), in any action to which this part applies in which the trier of fact determines that liability exists ...
- Florida Torts Code Section 768.78; Alternative methods of payment of damage awards.
(1)(a) In any action to which this part applies in which the court determines that an award to compensate the claimant includes future economic ...
- Florida Torts Code Section 768.79; Offer of judgment and demand for judgment.
(1) In any civil action for damages filed in the courts of this state, if a defendant files an offer of judgment which is not ...
- Florida Torts Code Section 768.81; Comparative fault.
(1) DEFINITION.--As used in this section, "economic damages" means past lost income and future lost income reduced to present value; medical and funeral expenses; ...
- Florida Torts Code Section 769.01; Employers affected by fellow servant act.
This chapter shall apply to persons engaged in the following hazardous occupations in this state; namely, railroading, operating street railways, generating and selling electricity, telegraph ...
- Florida Torts Code Section 769.02; Liability of certain persons and corporations for injuries from negligence of fellow servants.
The persons mentioned in s. 769.01 shall be liable in damages for injuries inflicted upon their agents and employees, and for the death of ...
- Florida Torts Code Section 769.03; Recovery for injuries where employee and employer both at fault; damages; negligence of fellow servant.
The persons mentioned in s. 769.01 shall not be liable in damages for injuries to their agents and employees, or for the death of ...
- Florida Torts Code Section 769.04; Doctrine of "assumption of risk" abrogated.
The doctrine of "assumption of risk" shall not obtain in any case arising under the provisions of this chapter, where the injury or death was ...
- Florida Torts Code Section 769.05; Proceeds of recovery for injuries exempt from garnishment and execution.
Writs of garnishment, execution or other processes, shall not issue out of any court to reach any money due or likely to become due as ...
- Florida Torts Code Section 769.06; Contracts limiting liability invalid.
Any contract, contrivance or device whatever, having the effect to relieve or exempt the persons mentioned in s. 769.01 from the liability prescribed by ...
- Florida Torts Code Section 770.01; Notice condition precedent to action or prosecution for libel or slander.
Before any civil action is brought for publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander, the plaintiff shall, ...
- Florida Torts Code Section 770.02; Correction, apology, or retraction by newspaper or broadcast station.
(1) If it appears upon the trial that said article or broadcast was published in good faith; that its falsity was due to an honest ...
- Florida Torts Code Section 770.03; Civil liability of broadcasting stations.
The owner, lessee, licensee, or operator of a broadcasting station shall have the right, except when prohibited by federal law or regulation, but shall not ...
- Florida Torts Code Section 770.04; Civil liability of radio or television broadcasting stations; care to prevent publication or utterance required.
The owner, licensee, or operator of a radio or television broadcasting station, and the agents or employees of any such owner, licensee or operator, shall ...
- Florida Torts Code Section 770.05; Limitation of choice of venue.
No person shall have more than one choice of venue for damages for libel or slander, invasion of privacy, or any other tort founded upon ...
- Florida Torts Code Section 770.06; Adverse judgment in any jurisdiction a bar to additional action.
A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or ...
- Florida Torts Code Section 770.07; Cause of action, time of accrual.
The cause of action for damages founded upon a single publication or exhibition or utterance, as described in s. 770.05, shall be deemed to ...
- Florida Torts Code Section 770.08; Limitation on recovery of damages.
No person shall have more than one choice of venue for damages for libel founded upon a single publication or exhibition or utterance, as described ...
- Florida Torts Code Section 771.01; Certain tort actions abolished.
The rights of action heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract ...
- Florida Torts Code Section 771.04; No act done in state to give cause of action.
No act hereafter done within this state shall operate to give rise, either within or without this state, to any of the rights of action ...
- Florida Torts Code Section 771.05; Unlawful to file certain causes of action.
It shall hereafter be unlawful for any person, either as a party or attorney, or an agent or other person in behalf of either, to ...
- Florida Torts Code Section 771.06; Validity of certain contracts.
All contracts and instruments of every kind, name, nature or description, which may hereafter be executed within this state in payment, satisfaction, settlement or compromise ...
- Florida Torts Code Section 771.07; Penalties.
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in ...
- Florida Torts Code Section 771.08; Construction of law.
This law shall be liberally construed to effectuate the objects and purposes thereof and the public policy of the state as hereby declared. This law ...
- Florida Torts Code Section 772.101; Short title.
This chapter shall be known as the "Civil Remedies for Criminal Practices ...
- Florida Torts Code Section 772.102; Definitions.
As used in this chapter, the term: (1) "Criminal activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, ...
- Florida Torts Code Section 772.103; Prohibited activities.
It is unlawful for any person: (1) Who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern of criminal activity ...
- Florida Torts Code Section 772.104; Civil cause of action.
(1) Any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions ...
- Florida Torts Code Section 772.11; Civil remedy for theft or exploitation.
(1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation ...
- Florida Torts Code Section 772.12; Drug Dealer Liability Act.
(1) This section may be cited as the "Hugh O'Connor Memorial Act." (2) A person, including any governmental entity, has a cause of action ...
- Florida Torts Code Section 772.14; Estoppel of defendant.
A final judgment or decree rendered in favor of the state in any criminal proceeding concerning the conduct of the defendant which forms the basis ...
- Florida Torts Code Section 772.15; Admissibility of not guilty verdict.
A verdict or adjudication of not guilty rendered in favor of the defendant or in favor of any other person whose conduct forms the basis ...
- Florida Torts Code Section 772.17; Limitation of actions.
Notwithstanding any other provision of law, a civil action or proceeding under this chapter may be commenced at any time within 5 years after the ...
- Florida Torts Code Section 772.18; Cumulative remedy.
The application of one civil remedy under this chapter does not preclude the application of any other remedy, civil or criminal, under this chapter or ...
- Florida Torts Code Section 772.185; Attorney's fees taxed as costs.
Attorney's fees awarded under this chapter shall be taxed as ...
- Florida Torts Code Section 772.19; Exemption.
No damages shall be recoverable under this chapter against the state or its agencies, instrumentalities, subdivisions, or ...
- Florida Torts Code Section 773.01; Definitions.
As used in ss. 773.01-773.05: (1) "Engages in an equine activity" means riding, training, assisting in veterinary treatment of, driving, or being ...
- Florida Torts Code Section 773.02; General provisions.
Except as provided in s. 773.03, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, ...
- Florida Torts Code Section 773.03; Limitation on liability for equine activity; exceptions.
(1) This section applies to the horseracing industry as defined in chapter 550. (2) Nothing in s. 773.02 shall prevent or limit the liability ...
- Florida Torts Code Section 773.04; Posting and notification.
(1) Every equine activity sponsor and equine professional shall: (a) Post and maintain one or more signs which contain the warning notice specified in subsection (...
- Florida Torts Code Section 773.05; Limitation on liability of persons making land available to public for recreational purposes.
Nothing in ss. 773.01-773.05 shall be construed to limit in any way the limitation of liability granted to private citizens who allow ...
- Florida Torts Code Section 774.001; Legislative findings and intent.
The Legislature finds that the number of asbestos-related claims has increased significantly in recent years and threatens the continued viability of a number of ...
- Florida Torts Code Section 774.002; Definitions.
(1) "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in ...
- Florida Torts Code Section 774.003; Applicability.
(1) The limitations in s. 774.004 apply to a corporation that is a successor and became a successor before January 1, 1972, or is ...
- Florida Torts Code Section 774.004; Limitations on successor asbestos-related liabilities.
(1) Except as further limited in subsection (2), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of ...
- Florida Torts Code Section 774.005; Establishing fair market value of total gross assets.
(1) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under s. 774.004 through any ...
- Florida Torts Code Section 774.006; Adjustment.
(1) Except as provided in subsections (2), (3), and (4), the fair market value of total gross assets at the time of a merger or ...
- Florida Torts Code Section 774.007; Scope.
The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation ...
- Florida Torts Code Section 774.008; Severability.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or ...
- Florida Torts Code Section 774.201; Short title.
This act may be cited as the "Asbestos and Silica Compensation Fairness ...
- Florida Torts Code Section 774.202; Purpose.
It is the purpose of this act to: (1) Give priority to true victims of asbestos and silica, claimants who can demonstrate actual physical impairment ...
- Florida Torts Code Section 774.203; Definitions.
As used in this act, the term: (1) "AMA Guides to the Evaluation of Permanent Impairment" means the American Medical Association's Guides to the ...
- Florida Torts Code Section 774.204; Physical impairment.
(1) Physical impairment of the exposed person, to which asbestos or silica exposure was a substantial contributing factor, is an essential element of an asbestos ...
- Florida Torts Code Section 774.205; Claimant proceedings.
(1) A civil action alleging an asbestos or silica claim may be brought in the courts of this state if the plaintiff is domiciled in ...
- Florida Torts Code Section 774.206; Statute of limitations; two-disease rule.
(1) Notwithstanding any other law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations ...
- Florida Torts Code Section 774.207; Scope of liability; damages.
(1) Punitive damages may not be awarded in any civil action alleging an asbestos or silica claim. (2) At the time a complaint is filed ...
- Florida Torts Code Section 774.208; Liability rules applicable to protect sellers, renters, and lessors.
(1)(a) In a civil action alleging an asbestos or silica claim, a product seller other than a manufacturer is liable to a plaintiff only ...
- Florida Torts Code Section 774.209; Miscellaneous provisions.
(1) This act does not affect the scope or operation of any workers' compensation law or veterans' benefit program, affect the exclusive remedy or subrogation ...
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Last modified: November 21, 2006
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