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FL H1305

Bill

Status

Failed

5/3/2013

Primary Sponsor

John Tobia

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Amends section 768.73, Florida Statutes, to clarify that statutory limits on punitive damages do not create a presumption about the appropriate level of damages.

  • Maintains existing punitive damages caps: the greater of 3 times compensatory damages or $500,000 in standard cases.

  • Increases cap to the greater of 4 times compensatory damages or $2 million when conduct was motivated solely by unreasonable financial gain and the defendant's managing agent knew of the unreasonably dangerous nature and high likelihood of injury.

  • Removes all caps on punitive damages when the defendant had a specific intent to harm the claimant and that conduct caused harm.

  • Clarifies that courts retaining jurisdiction under section 768.74 may determine reasonableness of awards below three times compensatory damages without an implied presumption based on statutory limits.

Legislative Description

Punitive Damages

Last Action

Died in Justice Appropriations Subcommittee

5/3/2013

Committee Referrals

Justice Appropriations Subcommittee3/18/2013
Civil Justice Subcommittee3/8/2013

Full Bill Text

No bill text available