768.73 The following information will describe the limitations that are set on punitive damages for the state of Florida
(1)(a)Punitive damage compensation cannot exceed greater than the following, except as mentioned in paragraphs (b) and (c):
- Punitive damages that are going to be provided cannot surpass the compensatory damages total sum of three times that amount; or
- Totaling $500,000.
(b)If it is proven by the fact finder that the sole motivation of the wrongful conduct was for financial gain and comes to the figures out the nature of the unreasonable dangerous conduct, coupled with the conduct resulting in the likelihood of an injury, was known to any person who was making policy decisions on the behalf of the defendant including, officer, director, or managing agent, punitive damages may be awarded but cannot exceed:
- In dependence on the elements in this section, the punitive damages that are going to be eligible for the plaintiff cannot surpass the compensatory damages total sum of four times that amount;
- Totaling $2 million.
(c ) If an intent to harm the plaintiff and discovery that the conduct of the defendant harmed the plaintiff is found by the fact finder, then there shall not be a limit on the punitive damages.
(d) Exercising the jurisdiction under s.768.74 is not meant to impede the calculations of the punitive damages which should not exceed the compensatory damages by three times the sum by the appropriate court.
(2)(a) Punitive damages will not be ordered against the defendant if they are able to demonstrate that they previously paid punitive damages for the same incident or allegations of the same harm in another federal court or state court before the commencement of the trial, except as mentioned in paragraph (b).
(b) Punitive damage awarding may come for subsequent civil lawsuits for the same incident or allegations that were already paid for if the court finds that the conduct of the defendant was not sufficiently punished; the jury may be permitted to award punitive damages with the permission of the court. Specific findings must be made in the record if the court decides to permit the jury to consider subsequent punitive damages. Also, that the conduct and act that was committed by the defendant has ceased to exist. Any earlier punitive damage award that was given in federal or state court will be reduced from the subsequent punitive damage that will be intended to be awarded.
(3) The attorney’s fees shall not have a limit to them based on awards if the plaintiff’s attorney’s fees are payable by judgment, and the fees have been based on the extension of the punitive damages, with the final judgment of the punitive award being based on that calculation, other than a punitive award.
(4) Instruction nor information shall be given to the jury as elements of this section.
(5) Proceeding the date of effect of this act, any lawsuits deriving from these causes will be handled with the elements mentioned here.