Florida Punitive Damages Laws: Caps and Standards (2026)

Florida allows punitive damages in civil cases, but section 768.72 of the Florida Statutes bars the claim until the claimant makes a reasonable evidentiary showing, and liability requires clear and convincing proof that the defendant was personally guilty of intentional misconduct or gross negligence. Section 768.73 generally caps the award at the greater of three times the compensatory damages awarded to each claimant or $500,000, with a higher cap for conduct motivated solely by unreasonable financial gain, no cap where the defendant specifically intended to harm the claimant, and the section 768.73 cap does not apply to defendants who were impaired or at a 0.08 alcohol level (section 768.736).

Several kinds of cases run on their own rules, including abuse of children, the elderly and the developmentally disabled, nursing home and assisted living facility claims, civil rights claims, domestic violence torts, some statutes for particular claims and suits against the state. For how other states compare, see punitive damages laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida state law on punitive damages in civil cases: Florida Statutes sections 768.72 through 768.74 and the related sections named below, plus the Florida Supreme Court decisions named below. It does not cover compensatory or noneconomic damages limits (for medical negligence see Florida medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Florida wrongful death law), federal claims, or the many other statutes that authorize multiplied damages or penalties for particular claims, beyond the claim-specific punitive limits named below.

Does Florida allow punitive damages?

Yes. Florida allows punitive damages in civil actions, regulated by Florida Statutes sections 768.72 through 768.74. The legislature controls the remedy at three points: whether the claim can be pleaded at all, what must be proven, and how large the award can be.

The main exclusion is government. Under section 768.28(5)(a), "the state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances, but liability shall not include punitive damages or interest for the period before judgment."

Getting a punitive damages claim into the case

A Florida complaint cannot simply include a punitive damages count. Section 768.72(1) provides:

"In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages. No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted."

Two consequences follow from the text. The claim is added later, by a motion to amend backed by an evidentiary showing. And the defendant's financial worth is off limits in discovery until the court has allowed the punitive pleading.

The Florida Supreme Court set out how that showing is judged in Perlmutter v. Federal Insurance Co., 434 So. 3d 681 (Fla. 2026). The trial court considers only the evidence identified or proffered by the claimant, not an evidentiary counter-submission from the opponent, and asks whether a reasonable person could conclude from that evidence that the defendant committed intentional misconduct or gross negligence as defined in section 768.72(2) (and, for a claim against an employer based on vicarious liability, that the evidence satisfies the section 768.72(3) criteria). The court views the evidence in the light most favorable to the claimant, does not weigh it, and does not apply the clear and convincing evidence standard at this stage; that standard of proof applies at trial.

What must be proven: intentional misconduct or gross negligence

Section 768.72(2) sets the standard and defines both terms:

"A defendant may 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. As used in this section, the term: (a) 'Intentional misconduct' means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage. (b) 'Gross negligence' means that the defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct."

Florida uses two different burdens of proof. Section 768.725 provides that "the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages," while "the 'greater weight of the evidence' burden of proof applies to a determination of the amount of damages."

The Florida punitive damages cap

Section 768.73(1) sets three tiers. The general rule is in paragraph (a):

"(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of: 1. Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or 2. The sum of $500,000."

Higher cap for financial-gain conduct. Under paragraph (b), where the factfinder determines that the wrongful conduct "was motivated solely by unreasonable financial gain" and that "the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually known by the managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant," the award may not exceed the greater of four times the compensatory damages awarded to each claimant or $2 million. Both findings are required.

No cap for specific intent to harm. Under paragraph (c), "where the factfinder determines that at the time of injury the defendant had a specific intent to harm the claimant and determines that the defendant's conduct did in fact harm the claimant, there shall be no cap on punitive damages."

Other rules in section 768.73:

• One award per course of conduct. Except as provided in paragraph (b) of subsection (2), punitive damages may not be awarded against a defendant who establishes before trial that punitive damages "have previously been awarded against that defendant in any state or federal court in any action alleging harm from the same act or single course of conduct for which the claimant seeks compensatory damages" (section 768.73(2)(a)).
• The jury is not told. "The jury may neither be instructed nor informed as to the provisions of this section" (section 768.73(4)).

The same pleading, burden and cap sections reach arbitration: "Where punitive damages are available as a remedy in an arbitration proceeding, ss. 768.72, 768.725, and 768.73 apply" (section 768.737). One arbitration track excludes them entirely: in voluntary binding arbitration of a medical negligence claim under section 766.207, "Punitive damages shall not be awarded" (section 766.207(7)(d)).

Drunk or drugged defendants: the cap does not apply

Section 768.736 removes both the burden section and the cap for impaired defendants:

"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 are sought, was under the influence of any alcoholic beverage or drug to the extent that the defendant's normal faculties were impaired, or who had a blood or breath alcohol level of 0.08 percent or higher."

The exception is narrower than "no limits for DUI." Section 768.736 names only sections 768.725 and 768.73. It does not name section 768.72, so the pleading requirement and the intentional misconduct or gross negligence standard in that section, including its clear and convincing language, are not among the sections it switches off. For the compensatory side of crash cases, see Florida car accident laws.

Abuse, nursing home, civil rights and other claim-specific rules

Child, elder and developmental disability abuse. Section 768.735(1) provides that "Sections 768.72 (2)-(4), 768.725, and 768.73 do not apply to any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled. Such actions are governed by applicable statutes and controlling judicial precedent." It does not apply to claims brought under sections 400.023 or 429.29.

These actions have their own limit. Under section 768.735(2)(a), the total punitive award to a claimant "may not exceed three times the amount of compensatory damages awarded to each person entitled thereto by the trier of fact," subject to paragraph (b), and that subsection "does not apply to any class action." Paragraph (b) makes an award above that limit "presumed to be excessive," and the defendant "is entitled to remittitur of the amount in excess of the limitation unless the claimant demonstrates to the court by clear and convincing evidence that the award is not excessive in light of the facts and circumstances that were presented to the trier of fact."

Nursing homes and assisted living facilities. Claims brought under Florida's nursing home statutes in chapter 400 and its assisted living facility statutes in chapter 429 have their own punitive damages sections. Sections 400.0237 and 429.297 set the pleading rule and the burden of proof. For nursing home claims, the court must hold a hearing on whether there is a reasonable basis to believe the claimant will be able to show at trial, by clear and convincing evidence, that punitive damages are warranted, and an employer or other entity is vicariously liable only if "an officer, director, or manager of the actual employer, corporation, or legal entity condoned, ratified, or consented to the specific conduct" (section 400.0237(1)(b), (3)).

Sections 400.0238(1) and 429.298(1) cap the award at the greater of three times the compensatory damages awarded to each claimant or $1 million; at the greater of four times or $4 million where the wrongful conduct "was motivated primarily by unreasonable financial gain" and its unreasonably dangerous nature was actually known by a managing agent, director, officer or other policy maker; and with no cap where the defendant had a specific intent to harm the claimant and did in fact harm the claimant. When the findings support an award under the $4 million tier or the no-cap rule, the clerk of court must refer the case to law enforcement and prosecutors for a criminal investigation. Half of a punitive award in these cases goes to a state trust fund, as described below.

Florida Civil Rights Act. Section 760.11(5) provides that "Sections 768.72 and 768.73 do not apply to this section. The judgment for the total amount of punitive damages awarded under this section to an aggrieved person shall not exceed $100,000."

Domestic violence torts. In an action for continuing domestic violence, section 768.35(4) provides that "punitive damages awarded in any civil tort action involving domestic violence as defined in s. 741.28 shall not be governed by the provisions of s. 768.73."

Other claim-specific limits. Some statutes for particular claims set their own punitive or exemplary damages limits, for example:

• Trade secrets: for willful and malicious misappropriation, exemplary damages "in an amount not exceeding twice any award made under subsection (1)" (section 688.004(2)).
• Bad-faith patent infringement demand letters: "Punitive damages in an amount not to exceed $75,000," available only if the court determines that the person asserting the patent infringement claim "has repeatedly violated this part" (section 501.995(4)).
• Fraudulent construction liens: punitive damages "in an amount not exceeding the difference between the amount claimed by the lienor to be due or to become due and the amount actually due or to become due" (section 713.31(2)).

Does Florida take a share of the award?

Generally no, with one exception for long-term care facilities. The general punitive damages sections, 768.72 through 768.74, contain no provision sending any part of a punitive award to the state or to a fund. Section 768.73 as it stands covers the cap, the one-award rule, attorney fee computation, the bar on telling the jury about the cap, and applicability.

In actions against nursing homes under section 400.0238 and against assisted living facilities under section 429.298, subsection (4) of each section provides that "the amount of punitive damages awarded pursuant to this section shall be equally divided between the claimant and the Quality of Long-Term Care Facility Improvement Trust Fund." A settlement reached between the original parties after a verdict must provide the trust fund a proportionate share, which each section defines as "a 50-percent share of that percentage of the settlement amount which the punitive damages portion of the verdict bore to the total of the compensatory and punitive damages in the verdict."

How courts review the amount

The trier of fact sets the amount by the greater weight of the evidence (section 768.725), and the court can then review it. Section 768.74 governs remittitur and additur. Among the criteria the court must consider under section 768.74(5) is "whether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered."

The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Florida verdicts; the punitive damages hub explains them. Under federal law, punitive damages are generally taxable income, even when they arise from a physical injury; the personal injury settlement amounts guide covers taxes.

Employer and corporate liability

An employer or other entity pays punitive damages for an employee's or agent's conduct only on the conditions in section 768.72(3):

"In the case of an employer, principal, corporation, or other legal entity, punitive damages may be imposed for the conduct of an employee or agent only if the conduct of the employee or agent meets the criteria specified in subsection (2) and: (a) The employer, principal, corporation, or other legal entity actively and knowingly participated in such conduct; (b) The officers, directors, or managers of the employer, principal, corporation, or other legal entity knowingly condoned, ratified, or consented to such conduct; or (c) The employer, principal, corporation, or other legal entity engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant."

The employee's conduct must meet the subsection (2) standard and one of the three conditions must also be shown.

Punitive damages in Florida wrongful death cases

Florida's Wrongful Death Act lets the personal representative recover "all damages, as specified in this act, caused by the injury resulting in death," and provides that "when a personal injury to the decedent results in death, no action for the personal injury shall survive" (section 768.20).

The Florida Supreme Court applied that framework to punitive damages in Coates v. R.J. Reynolds Tobacco Co., No. SC21-175 (Fla. Jan. 5, 2023):

"Under Florida law, which excludes the decedent's death as a cognizable injury under the Wrongful Death Act, we hold that the trial court in a wrongful death action abuses its discretion by denying remittitur of a punitive damages award that does not bear a reasonable relation to the damages proved and the injury suffered by the statutory beneficiaries."

In a death case, then, the reasonable-relation review measures a punitive award against the damages proved and the injury suffered by the statutory beneficiaries, not against the death itself. Who may bring the claim, and when, is covered on the Florida wrongful death page.

Car insurance and punitive damages

Excess-of-limits suits against auto insurers. Section 627.737(4) provides: "In any action brought against an automobile liability insurer for damages in excess of its policy limits, no claim for punitive damages shall be allowed."

Whether insurance covers a punitive award. In U.S. Concrete Pipe Co. v. Bould, 437 So. 2d 1061 (Fla. 1983), the Florida Supreme Court stated that "Florida public policy prohibits liability insurance coverage for punitive damages assessed against a person because of his own wrongful conduct," while "Florida public policy does not preclude insurance coverage of punitive damages when the insured himself is not personally at fault, but is merely vicariously liable for another's wrong." The court remanded with instructions to reinstate the trial court order requiring the insurance company to pay the punitive damage award in that case.

Florida punitive damages at a glance

Recent changes

Florida's core punitive damages rules have been stable since 1999. The statutory history notes for sections 768.72 and 768.73 both end with chapter 99-225, which also enacted sections 768.725, 768.736 and 768.737; section 768.74 dates to chapter 86-160. A 2026 Senate bill, SB 1506, cited section 768.73 to reenact it and would have revised section 768.74; it was laid on the table on February 19, 2026, and neither section has been amended since.

The most recent change in this area came from the courts. In Perlmutter v. Federal Insurance Co., 434 So. 3d 681 (Fla. 2026), decided June 11, 2026, the Florida Supreme Court held that a trial court deciding whether to allow a punitive damages claim under section 768.72(1) should not apply the clear and convincing evidence standard, resolving a conflict among the district courts of appeal. Before that, the 2023 Coates decision addressed how punitive awards are reviewed in wrongful death cases.

Related pages

• Punitive damages laws by state
• Florida wrongful death law
• Florida car accident laws
• Florida medical malpractice law

This article provides general legal information about Florida punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Florida.

Last updated: 2026-10-18.

Frequently Asked Questions

Does Florida allow punitive damages?

Yes, under Fla. Stat. 768.72 through 768.74. A claim is not permitted until the claimant makes a reasonable evidentiary showing (judged on the claimant's evidence, without the clear and convincing standard, under Perlmutter v. Federal Insurance Co. (Fla. 2026)), and liability requires clear and convincing proof that the defendant was personally guilty of intentional misconduct or gross negligence.

What is the cap on punitive damages in Florida?

Fla. Stat. 768.73 generally caps punitive damages at the greater of 3 times compensatory damages per claimant or $500,000. The cap rises to the greater of 4 times or $2 million for conduct motivated solely by unreasonable financial gain known to management, there is no cap for specific intent to harm, and the cap does not apply to impaired or 0.08 defendants under 768.736. Nursing home, assisted living facility, abuse and Florida Civil Rights Act claims have their own limits, as do some other statutes for particular claims (for example trade secrets, 688.004(2)), and the 768.73 cap does not govern domestic violence tort actions (768.35(4)).

What is gross negligence for punitive damages in Florida?

Fla. Stat. 768.72(2)(b) defines it as conduct so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.

Is there a cap on punitive damages for drunk driving in Florida?

No. Fla. Stat. 768.736 provides that the 768.73 cap and the 768.725 burden section do not apply to a defendant whose normal faculties were impaired by alcohol or drugs or who had a blood or breath alcohol level of 0.08 or higher. Section 768.72's pleading rule and conduct standard are not among the sections it names.

Are punitive damages available in a Florida wrongful death case?

Punitive damages can be awarded in wrongful death actions, and the Florida Supreme Court held in Coates v. R.J. Reynolds (2023) that the award must bear a reasonable relation to the damages proved and the injury suffered by the statutory beneficiaries, because the death itself is not a cognizable injury under the Wrongful Death Act.

Does the state of Florida take part of a punitive damages award?

Generally no. Sections 768.72 through 768.74 contain no state share, but in nursing home and assisted living facility cases sections 400.0238(4) and 429.298(4) divide the punitive award equally between the claimant and the Quality of Long-Term Care Facility Improvement Trust Fund.

Does insurance pay punitive damages in Florida?

Under U.S. Concrete Pipe Co. v. Bould (Fla. 1983), Florida public policy prohibits liability insurance coverage for punitive damages assessed for a person's own wrongful conduct, but does not preclude coverage when the insured is not personally at fault and is merely vicariously liable for another's wrong.

Are punitive damages available against the state or a city in Florida?

No. Fla. Stat. 768.28(5)(a) provides that the liability of the state and its agencies and subdivisions for tort claims does not include punitive damages.

When is a Florida employer liable for punitive damages for an employee's conduct?

Under Fla. Stat. 768.72(3), the employee's conduct must meet the intentional misconduct or gross negligence standard, and the employer must have actively and knowingly participated, its officers, directors or managers must have knowingly condoned, ratified or consented, or the employer's own gross negligence must have contributed to the injury. Nursing home claims use the narrower vicarious liability test in Fla. Stat. 400.0237(3).