Question 1

What are exemplary damages in Florida?

Accepted Answer

Exemplary damages (also called punitive damages): damages awarded beyond compensatory damages to: punish the defendant for egregious conduct and deter similar conduct in the future. In FL (Section 768.72): punitive damages may be awarded if the trier of fact finds that the defendant was: personally guilty of intentional misconduct or gross negligence. Intentional misconduct: the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage would result, and despite that knowledge: intentionally pursued the conduct. Gross negligence: the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard of the rights and safety of others.

Question 2

How are punitive damages capped in Florida?

Accepted Answer

FL caps (Section 768.73): general cap (the greater of: 3 times the compensatory damages or $500,000), intentional misconduct cap (no cap if: the defendant’s conduct was motivated by: unreasonable financial gain and the defendant knew that the conduct created: an unreasonable risk of damage beyond that contemplated by the financial gain), and special circumstances (no cap if: the trier of fact determines that the defendant’s conduct was: specifically intended to harm the claimant, or the defendant was: under the influence of alcohol or drugs). The court: must make specific findings to support the punitive damages award.

Question 3

What is the procedure for seeking punitive damages in Florida?

Accepted Answer

FL procedure (Section 768.72): the plaintiff may NOT include a claim for punitive damages in the initial complaint. Instead: the plaintiff must file a motion for leave to amend (after the complaint is filed: the plaintiff moves the court for permission to add a punitive damages claim), proffer of evidence (the plaintiff must present: a reasonable showing by evidence in the record or proffered by the claimant that: provides a reasonable basis for recovery of punitive damages), court ruling (the court determines: whether the evidence is sufficient to support a punitive damages claim; if so: the court allows the amendment), and bifurcation (the court may: bifurcate the trial: first trying the compensatory damages, then if the defendant is found liable: trying the punitive damages claim separately).

Exemplary Damages Enhanced Penalty Misconduct

FL Exemplary (Punitive) Damages

What They Are

Caps

Procedure

Related Terms

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